DocketXDocketX / Glossary / search warrant
Search Warrant
A search warrant is a court order that allows law enforcement to enter and search a specific place for evidence of a crime.
What it actually is
It is a written order issued by a neutral judge or magistrate upon a showing of probable cause. The warrant must describe with particularity the place to be searched and the items to be seized. In a criminal case, the prosecution may rely on evidence obtained through a search warrant.
Why it matters in your case
If you are facing a criminal case, any evidence seized under a search warrant may be used against you. However, if the warrant was improperly obtained or executed, you may be able to challenge the legality of the search and have the evidence suppressed.
The common misunderstanding
Many people think a search warrant is needed for any police search, but there are many exceptions to the warrant requirement, such as consent or exigent circumstances.
Get the actual rule
Definitions are orientation; rules are authority
This page explains the concept. When it matters to your case, read the rule that governs it in your court — we hold Texas, federal and Washington court rules word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.
Related
Terms that travel with this one
General explanation, not legal advice, and not specific to any state — procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.