ILEA Criminal Law Practice Exam – Complete Prep Resource

A search warrant is a legal document that authorizes law enforcement to conduct a search of premises, such as a home or business, to look for evidence related to a crime. This document is issued by a judge or magistrate and requires law enforcement to demonstrate probable cause, supported by an affidavit, that a crime has been committed and that evidence of that crime is likely to be found at the specified location.

The necessity of a search warrant is rooted in the Fourth Amendment of the U.S. Constitution, which protects against unreasonable searches and seizures. A search warrant ensures that individuals' rights are respected and that law enforcement has a legal basis to enter private property.

In contrast, an arrest warrant primarily authorizes the arrest of an individual, and a subpoena is a request for evidence or testimony, often related to court proceedings. A citation typically refers to a notice to appear in court for minor offenses, rather than a mechanism for searching premises. Hence, the search warrant stands out as the required document for conducting searches.