Does a judge need to sign a search warrant or can the court commissioner also sign it?

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Does a judge need to sign a search warrant or can the court commissioner also sign it?

This warrant was issued in Wood County in Wisconsin. Also, we have not seen anything on the warrant that gave them a reason to search. It only states what they were looking for.

Asked on June 15, 2009 under Criminal Law, Wisconsin

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It might be possible for the court commissioner to sign the warrant at a judge's direction.  I'm not familiar with Wisconsin criminal procedure, and it does vary from one state to the next.  For advice you can rely on, you need to have a local attorney consider all of the facts of your case, which would include much more than you can put into a question here.  One place to find a lawyer is our website, http://attorneypages.com

A search warrant doesn't usually include the details of the probable cause found that led to the warrant, but that is either in a written affidavit, or should have been recorded in some way if presented to the judge verbally or over the telephone.


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