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Criminal Procedure

Search Warrant

A judge’s authorization for law enforcement to search a specified place or thing for specified evidence.

Governing rule: Fed. R. Crim. P. 41

Plain-English definition

A search warrant is supposed to limit government searches before they happen. It identifies the place to be searched and the items to be seized, based on a sworn showing of probable cause. Warrant disputes often focus on stale facts, overbreadth, omissions, or execution problems.

How it works

Agents usually submit an affidavit to a magistrate judge. If evidence is seized, the defense may later move to suppress it if the warrant or search violated the Fourth Amendment.

Why it matters

In many criminal cases, the search warrant is the case. If the search falls, the prosecution may lose its core evidence.

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Not legal advice. Definitions are for general reference. Consult an attorney before relying on any term in a real case.