Also known as: search and seizure warrant · search-and-seizure warrants · search warrant
Written by attorneys · grounded in primary & secondary sources — see below
A judicial order authorizing law enforcement officers to enter and search a designated location and to seize specified items of evidence or contraband. The order must be supported by probable cause and must describe the place to be searched and the items to be seized with particularity.
Samuel Soto operates a warehouse suspected of storing stolen electronics. Officers submit an affidavit showing a fair probability that the items will be found inside based on informant tips and surveillance. The magistrate issues a search-and-seizure warrant, and officers locate the goods during the search.
Scott Summers is suspected of fraud. Officers obtain a warrant that authorizes a search of his office but fails to list the specific financial records sought. Even though the supporting affidavit details the documents, the warrant is invalid on its face and the seized items are suppressed.
Select any source to read its text and confirm it supports the definition.
Simon Stern is believed to have drugs in his apartment. Officers with probable cause prevent him from entering unaccompanied for two hours while they secure a search-and-seizure warrant. The limited restraint prevents evidence destruction and is upheld as reasonable.
Spencer Silver's home is searched under a warrant later found to lack probable cause. Officers relied in good faith on the neutral magistrate's issuance. The evidence is admitted because the officers' reliance was objectively reasonable.
Skylar Sullivan's apartment is searched under a valid warrant. Officers discover documents that lead them to a second location where additional evidence is found. The derivative evidence is admissible because the initial search-and-seizure warrant was lawful.
Sean Steele's residence is searched without any warrant. Officers seize incriminating items. The evidence is excluded at trial because the search-and-seizure warrant requirement was not satisfied and no exception applies.
Probable cause exists when there is a fair probability that seizable evidence or contraband will be found in the place to be searched. The magistrate reviews the affidavit to determine whether this standard is met before issuing the warrant.
Yes. The warrant must specify the place to be searched and the items to be seized on its face. A warrant that fails to list the items cannot be cured by a detailed affidavit.
Yes, when they have probable cause to believe contraband is inside and are diligently seeking the warrant. The detention must be limited in time and tailored to preventing evidence destruction.
Yes, when officers reasonably rely on a warrant issued by a neutral magistrate that is later found invalid. Suppression is not required unless the reliance itself was unreasonable.
Yes. Federal rules permit a magistrate to review sworn information communicated by telephone or reliable electronic means and to issue the warrant if probable cause is found and proper procedures are followed.
…is entirely unsurprising that evidence of enforcement would be hard to come by. (Imagine the circumstances that would enable a search warrant to be obtained for a residence on the ground that there was probable cause to believe that consensual sodomy was then and there occurring.) Surely that lack of evidence would not sustain…