Search warrant - Definition and Overview

A search warrant is a written warrant issued by a judge which authorizes the police to conduct a search of a person or location for evidence of a criminal offense.

In the US the issue of warrants is determined under Title 18 of the US Code. The law has been restated and extended under Rule 41 of the Federal Rules of Criminal Procedure.

Under the Fifth Amendment to the United States Constitution, most searches by the police require a search warrant. In order to obtain one, an officer must first prove that probable cause exists, although this can be based on hearsay evidence and can even be obtained by oral testimony given over a telephone. Both property and persons can be seized under a search warrant. Under the Fourth Amendment searches must be reasonable and specific. This means that a search warrant for some tangible would only allow the specified object to be searched for or confiscated. Other items, rooms, outbuildings, persons, vehicles, etc. would require a second search warrant.

Any nation that has the right to privacy requires a search warrant for the conductance of proper jurisprudence, especially under British common law.