Excerpt from Attorney Ralph Behr’s Book. Street Smarts- Criminal Law 1.01 – Search and Seizure. How do the Police Obtain a Search Warrant?

SEARCHES

100 ‘most asked ‘ questions

HOW DO THE POLICE OBTAIN A SEARCH WARANT?

To obtain a search warrant a police officer has to swear under oath, in a written affidavit, that he has probable cause to believe that the fruits or instrumentalities of a criminal act are in a certain place.   He has to have evidence, not just a “hunch”.

A search warrant closely defines where the police can go to seize the property and what the police can take.