What Needs to Be Written on a Warrant?
- The Fourth Amendment requires a search warrant to "particularly [describe] the place to be searched." A search warrant must provide the address where the search will be conducted. The search warrant must also specifically indicate the areas of a physical location that may be searched. These areas must be reasonable in light of the suspected. For instance, a search warrant relating to the theft of an automobile may only authorize the search of areas where evidence of the crime, namely the stolen automobile, can be found. Law enforcement may search a suspect's garage and other appropriate areas for the stolen car, but may not rummage through a suspect's house for evidence of other crimes without a different warrant authorizing the other search.
- The Fourth Amendment also requires a search warrant to describe any "items to be seized." Federal case law requires the that list of items to be seized must be specific enough as to not leave any discretion to a law enforcement officer executing the search warrant. A warrant with the instruction to seize "any evidence of criminal activity" is void for vagueness, whereas an instruction to seize "any electronic storage media with images of minors engaged in sexual activity" is permissible.
- The Fourth Amendment requires a law enforcement officer to submit an oath or affidavit to a neutral party, such as a judge or magistrate. The law enforcement officer may specify facts personally observed or facts reported to the law enforcement officer by other parties. Evidence told to a law enforcement officer by other parties is hearsay evidence. When including hearsay evidence in a search warrant application, a law enforcement officer must provide facts proving the reliability of the informant.
- To approve a search warrant, a magistrate must find that there is probable cause that a crime has been committed and that evidence of the crime will be found at the location listed on the search warrant. Probable cause is the reasonable belief that an individual has participated in a crime.