How to Understand Warrants
- 1). Check the warrant to see if it states "with particularity" the persons or things to be seized. To be valid, warrants must state the place to be searched or the person to be seized, using concrete facts. Vague descriptions, such as "average white male seen in the vicinity of a Walmart parking lot near a red car" do not pass muster under the Fourth Amendment.
- 2). Look for a date in which the warrant must be executed. Warrants expire after a certain amount of time, which varies from state to state. Check your state's warrant laws and look at the warrant to see if it has expired. A warrant is not valid if it is executed after the expiration date.
- 3). Scan the warrant for language indicating that a crime has been committed or is about to be committed. This is the "probable cause" standard; probable cause exists if an average person could conclude that illegal activity is or has been taking place. The warrant must state what illegal activity is thought to be afoot.
- 4). Check for signatures from a magistrate. Warrants must be signed by a judge, typically a magistrate judge, authorized to issue warrants. Check the warrant for these signatures.
- 5). Visit your local law library and read through case law dealing with warrants and the Fourth Amendment. After understanding the warrant requirements, cement your knowledge by reading about how your state courts deal with warrants. Read cases where the warrant was held up and cases in which it was shot down. The clerk at your local law library can help you run searches.
