Law & Legal & Attorney Criminal Law & procedure

Do the Police Have to Reveal Their Source for Obtaining a Search Warrant?

    Affidavit

    • To establish probable cause, the officer or government lawyer must present an affidavit to the judge. The affidavit lists the reasons for establishing probable cause, but the affidavit is not included in the physical search warrant.

    Probable Cause

    • The search warrant itself only needs to state that the officer has probable cause. The judge's signature verifies probable cause. The warrant should contain a list of things and rooms that are allowed to be searched, which might clue you in to the source for the warrant.

    Discrepancies

    • If the warrant has a different address or date to be searched, the police still might give a reason to use the warrant. Noting any discrepancies will help your lawyer make a case, although it might not stop the search.

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