Search Warrants

Limited authority to issue search warrants

Justices of the peace have an extremely limited authority to issue search warrants. They may only issue search warrants in those cases specifically provided by law. This authority is further limited to issuance of search warrants to be executed within the justice of the peace’s territorial jurisdiction.

Justices of the Peace are allowed to issue search warrants ONLY under the following circumstances:

· Blind tigers

· Seaman

· Fires

· Controlled Dangerous Substances

· Administrative Inspections

Basis and content of search warrants

In connection with the above narrow instances, the justice of the peace must meet the following criteria establishing the cause for issuance of a warrant:

· Complaint. Form of an affidavit sworn by a credible person, reciting facts establishing the cause for issuance of a warrant;

· Probable cause. It must be established to the satisfaction of the justice of the peace that probable cause to issue the warrant cause exists. This requirement is satisfied when the justice of the peace has a reasonable ground in believing facts alleged by the person making the complaint; and

· Description. A search warrant must particularly describe the person or place to be searched, the things to be seized, and the lawful purpose or reason for the search or seizure. A general warrant to search in all suspected places is illegal and void.

Affidavit for a Search Warrant

No search warrant shall be issued until there is filed with the officer authorized to issue the same an affidavit of some person reasonably describing the place, thing, or person to be searched, the things or persons to be searched for thereunder, alleging briefly material facts, constituting the probable cause for the issuance of such warrant and alleging substantially the offense or the identity of the person to be arrested for whom a warrant or process for arrest has been issued in relation...

Execution of the search warrant

The justice of the peace is not authorized to execute a search warrant. The search warrant must be executed by the sheriff or other peace officer. The warrant is to be executed immediately. However, no search or seizure can be made during the nigh time or on Sunday, unless the warrant expressly directs that it should. Remember, a search warrant cannot be lawfully executed after expiration of the tenth (10^th) day following its issuance.

A peace officer executing a search warrant must strictly follow its directions. The officer is not allowed to search any area or place that is not specified in the warrant. However, the officer is allowed to seize those things that may be considered evidence tending to prove the commission of any offense as long as they discovered while in the course of the directed search. This is true whether the things are described in the warrant.

In executing a warrant, officers must knock and announce their authority and purpose. If officers refused admittance after giving such notice, they are authorized to break open an outer door or window of a dwelling or structure in order to effectuate the search warrant. However, absent consent or exigent circumstances, officers must have a search in order to enter the home of a third party even if the officers have an arrest warrant for the suspect.

When officers seize property under a warrant, they must give a receipt to the person from whom the property was taken. This receipt must describe all property seized in detail. If the person is unavailable, officers must leave a receipt in the place from which the property was seized.

When property is seized under a search warrant, it must be retained under direction of the judge, as long as necessary for purposes of being used as evidence. If the seized property is not to be used as evidence or is no longer needed as evidence, it must be disposed of according to law, under direction of the judge.