How accurate do search warrants have to be?

Can they be verbally issued by a Judge or do they have to keep a record of an affidavit? How can a person obtain more information about the details leading up to the issuance of the search warrant?

Asked on February 15, 2013 under Criminal Law, Texas

Answers:

Tricia Dwyer / Tricia Dwyer Esq & Associates PLLC

Answered 7 years ago | Contributor

Hello. By definition a search warrant is a written order made by a judge which permits law enforcement to search a particular place. The search warrant is made upon the underlying sworn statement of law enforcement. The search warrant may name particular items ('articles') to be seized. Information about the details which form the premise to the search warrant may be obtained through the legal discovery process.  It is to be noted that there is such thing as a 'warrantless search'.  For instance, immediate circumstances of an emergency nature ('exigent circumstances') may cause an officer to make a search.   In the event that you are facing issues in any way related to the execution of a search warrant or a warrantless search, I definitely urge you immediately privately to confer with an attorney.  In choosing an attorney, I recommend you make several telephone calls because it is critically important that you feel a sense of great trust with the attorney assisting you at this time. All the best.


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