How do the police go about obtaining a warrant to search my property?

The police go about obtaining a warrant by, first, drafting an affidavit stating what they believe to be probable cause that a crime’s been committed and that evidence of that crime could be found on your premise or in your office.

After they draft that affidavit, the next step is they have to take it in front of a judge whether it’s a district judge, a federal judge, to get them to read the affidavit and then sign off on the search warrant.

If a judge doesn’t think there’s probable cause, they can certainly say I’m not going to give you a search warrant but if they find probable cause then a judge has to sign off on it before they can come search your house with a search warrant.

Author Bio

James P. Whalen

James P. Whalen is the managing attorney and founder of Whalen Law Office, a Texas criminal defense firm offering personalized legal representation for various federal criminal charges. With a commitment to providing comfort and guidance during challenging times, Mr. Whalen serves as both an attorney and counselor to his clients, helping them navigate their cases while striving to restore normalcy to their lives.

In an inherently unbalanced criminal justice system, Mr. Whalen takes on cases with unwavering dedication. With decades of legal experience, he offers representation across various criminal charges, including white-collar crimes, violent crimes, drug charges, and more. Mr. Whalen’s numerous accolades, including Super Lawyer recognition and board certification in Criminal Appellate Law and Criminal Law, reflect his unwavering commitment to ethical and high-quality legal representation.

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