A search warrant is a court order that a magistrate, judge or Supreme Court official issues to authorize law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate any evidence they find.

 

Under the Fourth Amendment to the United States Constitution, most police searches require a search warrant based on probable cause, though there are expections. Any police entry of an individuals home always requires a warrant (for either search or arrest), absent exigent circumstances, or the free and voluntary consent of a person with reasonable apparent use of or control over the property. This means a search warrant must specify the object to search for and the place to search for it. Other items, rooms, outbuildings persons, vehicles, etc. may require additional search warrants.

 

To obtain a search warrant an officer must prove to a magistrate or judge that probably cause exists based upon direct information (ie the officers personal observation) or hearsay information. Hearsay information can even be obtained by oral testimony given over a telephone or from an anonymous or confidential informant, so long as probable cause exists based on the totality of the circumstances. Police can seize both property and persons under a search warrant.

 

Example:

You heard from a third person (perhaps this person witnessed a white male; 6'2, brown hair, wearing brown work boots, blue jeans and a white t-shirt) that a white male matching the description this witness gave above that the subject bought and then used cocaine before entering his vehicle. Upon investigation you find the male matching the description sitting in his car listening to music. You ask the male to step out of the vehicle and ask him for his drivers license or some form of identification. You ask him if he used any illegal drugs today. You then have dispatch run his name and information to see if he has a criminal background or ever been arrested before. (The role-playing mun should tell you as the officer mun if their character has ever been arrested because it will show when dispatch runs his name through the NCIC Criminal Database) if the subject returns with a criminal history of drug use or criminal behavior then probably cause has been established.

 

You may then detain this man and search his person to ensure officer safety. If you find the drugs or a weapon on this individual then you have determined that an arrest can be made. If you do not find drugs or weapons on his person then still detain him and ask him if you can search his vehicle.

 

If he says no you may not search his vehicle then inform him that you will then request for a search warrant to be issued. Inform him that you are detaining him and his vehicle for a period no longer then 72 hours for investigative means. You are then to contact a judge and give him or her the details in this case.

 

Outcome of this example:

You as a law enforcement officer do have probable cause and justification for a search warrant and it is granted for you to search his vehicle. Drugs will be found. Case closed.

 

OOC:

To obtain a search warrant for RP purpose you will need to have your character contact a judge. Then you must contact a GM (Game Master) or you can submit and in character form to the Game Masters for the right to obtain a search warrant. The GM will then NPC a judge

 

As a role-player it will be your responsibly to lay out details of the situation that your character was involved in. What your character believes the crime that was committed and what your character is searching for (ie drugs, guns, illegal contraband (booze, stolen property) so forth and so on. The GM will then determine as the NPC'd judge if a search warrant should be issued.