Search warrants require many procedures to be cleared before the authority issues them. This issued warrant which is used as a document to conduct searches has restrictions and limitations too. These days, the entire process, from warrant application to the issuing process can be done remotely and can be tracked or regulated through a
Here, we discuss the procedure to obtain a search warrant, the permissions obtained through this warrant, and searches that can be conducted without a warrant.
How is the search warrant obtained?
The officersuspecting a criminal required to search will apply to the magistrate for a search warrant. The warrant application is made in the form of an affidavit, a notarized written document. The affidavit will comprise the reason for the search, including the statements of witnesses, if any.
If these statements are legitimate, the magistrate grants approval and issues a search warrant.
Search permissions obtained through a search warrant
The police officer is only permitted to conduct a search within limits stated in the warrant. They are not allowed to cross from the area's boundaries mentioned in the warrant.
Individual search permissions for every person that is required to be searched should be mentioned in the warrant. The police officer has the authority to only conduct the searches of those mentioned in the warrant.
However, the search warrant is excluded in a few exceptional cases. These cases are mostly applicable where the searches are unavoidable and a time-lapse can cause huge harm.
Search warrants aren't required in the following cases:
Consent searches
In plain view or the crime is obvious searches
After the arrest
In case of emergency
Search warrants are a vital component of the justice ensuring process which can now be easily obtained and managed using the services of
