In order to obtain a search warrant there are certain procedures the police must follow. This protection is outlined in the Fourth Amendment of both the Minnesota and United States Constitutions. It protects citizens by ensuring police do not have the power to invade someone’s home or property without probable cause.
Specifically, a warrant must meet certain requirements for it to be signed by a judge. The police must present the warrant to a neutral, detached magistrate (judge). Additionally, the police must prove that they have probable cause to believe that a crime has or is currently taking place. Typically, they present this information in an affidavit prepared by the investigating officer(s). An affidavit is a written statement confirmed under oath or affirmation. This reports the police officer’s observations or those of witnesses or informants. If needed, the person that is to be searched at the approval of the warrant, may challenge the validity of the warrant later in court. The warrant also must specify in detail the place to be searched and the items or persons to be seized. Once it is approved, the police are given ten days to execute the warrant.
During the search itself, the police may use what is called the “plain view doctrine.” During a search, police may come upon key pieces of evidence in the crime or other crimes that are not described in the warrant that are in “plain view.”
The search and seizure law may vary from one jurisdiction to another and is very complex. To learn more about how this law applies to you, consult an attorney.