Legal Requirements and Procedural Structure of Search Warrants

Overview of Search Warrants

• Context within the Course: This lecture follows previous discussions on the guidelines required for obtaining consent to search.
• Definition: A search warrant is defined as a document signed by a judge that grants law enforcement permission to enter a specific residence to search for evidence related to a crime.
• The Three Parts of a Search Warrant: The lecture identifies three distinct components of the search warrant process:
  • The Search Warrant itself (the face of the warrant).
  • The Affidavit.
  • The Return.

Part I: The Search Warrant (The Face)

• Purpose: This section serves as the formal request stating that a crime has occurred and that there is a reasonable belief that evidence of said crime is located within a specific residence.
• Description of the Residence:
  • Legally, providing just a street address is insufficient for a warrant.
  • The document must include a physical description so detailed that any person or officer driving to the location could identify it without relying on the address.
  • Specific Example of Description: "The residence is located on Galena Street, on the East Side of Galena Street, five houses north of Fawna Avenue. It's surrounded by a chain link fence. It's brown in color."
  • The description should include the color of the house, fencing, and other identifying characteristics that allow an officer to confirm the location (e.g., turning left on a street and identifying a brown house as described).
• Description of Items to be Seized:
  • Officers are prohibited from an arbitrary search for "just anything" that might be evidence.
  • The warrant must specify the type of crime being investigated and the specific evidence sought.
  • Resource Tools: To assist in writing the warrant, officers use pre-existing lists for various crimes (e.g., drugs, robberies, or murders). These resources help investigators list all possible related items that could be located inside the residence.

Part II: The Affidavit

• Officer Expertise and Credentials:
  • The affidavit is the section where the officer establishes their qualifications as a professional investigator.
  • Information included here covers how long they have been an officer, how long they have served as a detective, the number of crimes they have investigated, and their formal training (e.g., the academy, specialized schools).
• Establishing Probable Cause (PC):
  • The affidavit provides a factual narrative of the crime, functioning similarly to a police report.
  • It must establish the link between the crime and the residence being searched.
• Hypothetical Case Example (Robbery):
  • The Crime: A suspect enters a Stater Brothers Market armed with a black semi-automatic handgun. The suspect demands and takes money, then fires a single shot into the air (a shell casing is found).
  • The Investigation: A witness observes a license plate on a vehicle. The plate is tracked to a specific address, where the vehicle is subsequently found in the driveway.
  • The Request: Based on this evidence, the officer requests permission to search for specific items:
    • Clothing worn by the suspect during the incident.
    • The weapon used (black semi-automatic handgun).
    • The stolen money.
    • Other items explicitly related to the type of crime committed.

Part III: The Return

• Execution and Documentation: After the search warrant is executed and the residence is searched, the officer must collect and document all evidence on an official evidence sheet.
• Returning the Warrant to Court:
  • Once the search is complete, the warrant must be returned to the court to be officially closed.
  • Required Filing: The officer must file the evidence sheet along with a supplemental report stating the date and time the warrant was executed and the specific items relating to the crime that were found.
• Results of the Search:
  • If evidence is found: The items are filed with the court to close the warrant.
  • If no evidence is found: The officer must still perform the same administrative process. They must return to court, write a supplemental report stating the warrant was executed, and note that the process is now complete.