Describe the process for obtaining a search warrant

Question

What will be an ideal response?

Answer 1

The process for obtaining a search warrant starts with the police. Once they determine that they need a search warrant, officers must draft affidavits that state the facts of the case. Each affidavit must be signed under oath or affirmation. The affidavits must contain enough facts so that the judge will conclude that there is probable cause to search the location listed for the items that the officers indicated in the application. In many jurisdictions, the prosecutor assists in this process by giving advice and/or reviewing the affidavits.
In addition to the affidavits, the officer/prosecutor prepares the search warrant. It must particularly describe the location to be searched and the items to be seized. Each item must be supported by probable cause in the affidavits.
Based on rules established by the local courts, the affidavits will be presented to a judge. The judge has the authority to take oral testimony under oath in addition to reading the affidavits. When the judge has finished going over the facts he/she will sign the warrant, alter the draft warrant and sign it, or reject it.