Search warrant

A search warrant is a legal document signed by a judge or magistrate that gives police the green light to search a specific person, place, or vehicle for evidence of a crime and to take that evidence. In most countries, you can't get one for a civil dispute. Places that value the rule of law and privacy usually force police to get a warrant—or something like it—before searching during a criminal investigation. A common exception is hot pursuit: if a cop is chasing a suspect who runs into a building, they can follow without a warrant. How warrants work and what they cover changes from country to country. In some authoritarian states, police can search people and property without asking anyone or giving a reason.

**United Kingdom** In England and Wales, a local magistrate issues search warrants, but only after a constable presents evidence backing up the request. Under Section 18(5)a of the Police and Criminal Evidence Act 1984, a constable can search immediately without an inspector's okay if they're on the suspect's property and the suspect is under arrest, before taking them to the station. Section 32 of the same act lets a constable who arrests someone on their own property—or just as they're leaving it—search both the person and the area right there. In Scotland, which has its own legal system (Scots law), the rules for search warrants are in Part XIII of the Criminal Procedure (Scotland) Act 1995. A Sheriff must sign the warrant after a police petition. Gas company officials can get a warrant to enter a home to inspect, repair, or replace gas meters.

**Canada** To get a warrant, police must give a judge an ITO (information to obtain) form showing reasonable and probable grounds that a crime has been or is being committed, and that the search will turn up evidence of it. This hearing is ex parte—only the crown is there—so police have to include any facts that hurt their own case. After a search, the occupants get a copy of the warrant. If they're charged, they might get the ITO through crown disclosure. The Criminal Code has many warrant procedures, some with specific rules like serving the warrant only during daytime or having a named supervisor on site for a home search. If police don't follow these rules, the evidence might be thrown out at trial.

**United States** Under the Fourth Amendment, most police searches need a warrant based on probable cause. Without valid consent or an exception (for a search or arrest), police usually need a warrant to enter someone's home. The probable cause standard for a warrant is lower than the proof needed for a conviction, which requires proof beyond a reasonable doubt. Warrants must be reasonable and specific: they have to clearly describe what to search for and where to look. Unless an exception applies, searching other buildings, areas, people, vehicles, or items not listed on the warrant usually needs another warrant. To get a warrant, an officer must show a magistrate or judge probable cause, based on direct observation or other reliable info. Hearsay—like tips from a confidential informant—can be used as long as probable cause exists under the "totality of the circumstances." Police can seize both property and people under a search warrant. Federal warrants follow Title 18 of the U.S. Code and Rule 41 of the Federal Rules of Criminal Procedure, and they're often prepared on Form AO 93. Each state has its own laws and rules, though they're broadly similar. Search warrants are normally public, but they can be sealed if they contain sensitive info.

**Exceptions** Some searches don't need a warrant. For example: - Consent: if the person in control of the property or object agrees. - Hot pursuit of a felon (to stop them escaping or hurting others). - Imminent destruction of evidence: when evidence might be destroyed before a warrant can be obtained. - Emergency searches: like if someone is heard screaming or calling for help inside. - Search incident to arrest: to keep arresting officers safe. - Public safety: a warrantless search may be allowed in an emergency where the public is in danger. - Plain view: if evidence is in plain sight from a lawful position (similar exceptions include plain smell, where an officer detects an odor).