How accurate do search warrants have to be?

UPDATED: Feb 15, 2013

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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


Tricia Dwyer / Tricia Dwyer Esq & Associates PLLC

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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