Criminal Procedure: Search & Seizure: Search Warrant

A valid search warrant requires probable cause (hearsay is OK as is the use of informers).

A valid search warrant must be issued by a neutral and detached judicial officer from the "often competitive business of law enforcement."
  • State Atty. Gen = not neutral
  • U.S. Atty. Gen = not neutral
  • Magistrate paid $25/warrant, and nothing if she didn't issue a SW = not neutral
  • Court clerks = neutral (can issue warrants for violations of city ordinances)
A valid search warrant also states with particularity the place to be searched and the things to be seized.