How to Write a Search Warrant | Tips for Police Officers

The Fourth Amendment has a strong preference for warrants. In this video, I explain the basic anatomy of a search warrant and give you a few tips on how to draft your next search warrant.
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Erik Scramlin is a former Chief Deputy District Attorney and owner of Tactical Legal Solutions, LLC. Courses and contact information available at tacticalattorn...
DISCLAIMER: This is not legal advice. This content and all of Tactical Attorney's content is for informational purposes only. You should contact your attorney to obtain legal advice with respect to any particular issue. Nothing here should be construed to form an attorney client relationship of any kind.

[@daulp0p228]

This is a good resource, thanks for posting this.

[@tacticalattorney]

I'm glad you enjoyed it. Thanks for the comment.

[@jensgropp]

The police are not your friends sue them. Every chance you get they would do the same to you.

[@user-hq4jz6lc9d]

Search warrants are handed out like candy.

[@denovo09]

Great video!

[@tacticalattorney]

@@denovo09 Thank you.

[@joshuaviveros6870]

Great video. Thank you.

[@tacticalattorney]

Thanks, glad you enjoyed it.

[@jameszeris5418]

Excellent!!!

[@quakers200]

Sounds a little to broad that one example searching for a 50 inch tv is fine but adding burglary tools means that basically every square inch of that property can be searched. And what exactly is a burglary tool? Are those bolt cutters in my shop burglary tools or my angle grinder or glass cutters. How about those keys in the junk drawer that I have long since forgotten where they came from evidence of a burger, that black cap like the one in the police report. Is a judge likely to sign an overly broad warrant where looking for a stolen motorcycle can include motorcycle gloves, helmet an the ignition key again just giving cops free access to everything. Is that what writing a warrant is for, an excuse to search for things anywhere even if your probable cause turns up nothing related to the original stated reason for the warrant.

[@danielcastle9206]

I’ve written & executed quite a few search warrants over the years & what he is describing isn’t to broad. Reasonableness is the key to justifying the scope of a search. Might need a few more details such as tool marks on door frame of the victims home indicating tools were used but it’s an accepted practice to look for items associated with the specific crime being investigated.

[@dennisglenn2679]

Great stuff. Subbed.

[@tacticalattorney]

Thanks! Glad you liked it.

[@joeyandcrystalgraves2283]

Can you take photos of the house if it's on private property on a private road?

[@tacticalattorney]

The answer to this question will depend on state law. Under a 4th Amendment analysis it could go both ways, it would depend on what the public access is to the "private road". This is similar to an officers ability to walk up a driveway or come onto a porch if its open to the public. If the private road invites access similar to a driveway it could be considered reasonable. The more the owner does to restrict access, the less reasonable it would be.

[@Goldness_Gamer]

This is a FANTASTIC video and thanks for it. Can you do a vid on _ "How to Write an Arrest Warrant?"_

[@tacticalattorney]

Thanks for the comment. I can certainly add arrest warrants to the list. Stay tuned. Lot more videos coming this year.

[@dnice33]

In your vehicle example would we still need a warrant if the vehicle is being impounded due to the suspension of driver’s license

[@tacticalattorney]

It would depend on your jurisdiction's laws. Under the 4th Amendment, it is likely that the inventory exception would apply to a situation where the subject's car is being impounded. However, even where an inventory is lawful, it is always best practices to get a warrant when you have PC to believe there is contraband or evidence of a crime within the vehicle.

[@LawnDad]

What state are you located in?

[@tacticalattorney]

New Mexico

[@LawnDad]

@@tacticalattorney, thanks do they vary much from state to state?

[@tacticalattorney]

@@LawnDad The law governing search warrants is pretty consistent under the the 4th Amendment but the law does vary state to state depending on how the state courts interpret its own state constitution.