Legal Definitions - search-and-seizure warrant

A search-and-seizure warrant, often simply called a search warrant, is a legal document issued by a judge or magistrate that authorizes law enforcement officers to conduct a search of a specific person, location, or vehicle for evidence of a crime and to seize any items found that are related to that crime.

For a judge to issue a search-and-seizure warrant, law enforcement must present an affidavit (a sworn statement) demonstrating probable cause. Probable cause means there is a reasonable belief, based on specific facts and circumstances, that a crime has been committed and that evidence of that crime will be found in the place to be searched. The warrant must describe with particularity the place to be searched and the persons or things to be seized, preventing broad, exploratory searches.

Here are some examples illustrating the application of a search-and-seizure warrant:

• Example 1: Investigation of Counterfeit Goods

  Police receive credible tips and conduct surveillance suggesting that a particular warehouse is being used to store and distribute large quantities of counterfeit designer handbags. After gathering sufficient evidence to establish probable cause, an officer submits an affidavit to a judge detailing the information, including specific dates, observations, and informant statements. The judge reviews the evidence and issues a search-and-seizure warrant authorizing officers to enter the specified warehouse, search for counterfeit handbags and related manufacturing or distribution materials (like labels, packaging, and shipping records), and seize any such items found. This warrant allows the officers to legally enter the private property and collect evidence directly related to the suspected crime.

• Example 2: Suspected Drug Manufacturing Operation

  Neighbors report unusual chemical odors emanating from a specific residential property, and utility records show abnormally high electricity consumption. A police narcotics unit investigates further, observing suspicious activity consistent with a clandestine drug laboratory. Based on these observations and possibly a K-9 unit's positive alert for narcotics, officers present an affidavit to a judge outlining the probable cause that illegal drugs and manufacturing equipment are present at the residence. The judge then issues a search-and-seizure warrant, permitting officers to enter the home, search for illegal narcotics, precursor chemicals, laboratory equipment, and related documents, and seize these items as evidence of a drug manufacturing operation.

• Example 3: Financial Fraud Investigation with Digital Evidence

  During an investigation into a complex online investment fraud scheme, detectives identify a suspect believed to be operating from their home office. They gather evidence, such as transaction records, IP addresses, and witness statements, linking the suspect to the fraudulent activities. Believing that crucial evidence, including financial records, communications with victims, and digital tools used in the fraud, will be stored on the suspect's computers and electronic devices, the detectives apply for a search-and-seizure warrant. The judge issues the warrant, specifically authorizing the search of the suspect's residence and the seizure of computers, hard drives, smartphones, and other digital storage devices, along with any physical documents related to the fraud. This allows officers to legally collect digital evidence that would otherwise be protected by privacy rights.