Search Warrant
Search Warrant, in United States law, a document signed by a judge that permits officers of the law to search the home or other premises of a specified person for evidence relating to a crime.
For the warrant to be valid, it must specify where police officers may search and what they may seize. A search warrant is issued only after officers have demonstrated that there is reason to believe that a crime has been committed. Warrants issued on suspicion alone, without a presentation of facts indicating that a crime has occurred, have been held by the U.S. Supreme Court to violate the Fourth Amendment to the Constitution, which prohibits “unreasonable searches and seizures.”
A warrant of arrest gives the arresting officers the right to examine the suspect and the suspect's immediate surroundings, but not to search the premises. A search without warrant may be made if the person in charge of the premises consents, but if he or she objects the search is held to be unconstitutional. However, premises may be inspected for compliance with safety and health regulations without a warrant.
The requirement for a search warrant is an important civil liberty. In totalitarian countries, officials may enter a home at will and without explanation.
The prohibition against “unreasonable searches and seizures” in the American Bill of Rights resulted from a particular colonial grievance. A general warrant known as a writ of assistance gave British customs officers the right to search any home or ship as they saw fit for evidence of smuggling.