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Warrants & Court Orders

Warrants and court orders authorize specific government actions that require judicial approval. The San Andreas Judiciary may issue warrants and other lawful orders when sufficient legal grounds are presented to the court.

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General Warrant Requirements

A warrant may be issued when an authorized judge determines that sufficient lawful grounds exist. Applications should be supported by specific facts rather than unsupported suspicion or conclusory statements. A warrant application should generally identify:

• The requesting officer or agency;
• The person, property, vehicle, residence, business, or location involved;
• The suspected criminal offense;
• The facts establishing probable cause;
• The action being requested;
• The evidence, property, or person being sought;
• Any known limitations or special circumstances; and
• Supporting reports, statements, photographs, recordings, or other evidence when appropriate.

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Probable Cause

A warrant should only be issued when the information presented establishes probable cause or another legal standard specifically authorized by law. Probable cause exists when the known facts and circumstances would reasonably support the belief that:

• A criminal offense occurred;
• A particular person committed an offense;
• Evidence of a criminal offense will be found in a particular place; or
• Another lawful basis exists for the requested judicial action.

Probable cause requires more than a mere guess or unsupported suspicion, but it does not require proof beyond a reasonable doubt.

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Types of Warrants

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Arrest Warrant

An Arrest Warrant authorizes law enforcement to take a specifically identified person into custody. An arrest warrant may be issued when probable cause establishes that the person committed a criminal offense and judicial authorization is appropriate. An arrest warrant should identify:

• The subject of the warrant;
• The alleged offense or offenses;
• The factual basis supporting probable cause;
• Any applicable conditions; and
• The date of issuance and expiration.

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Search Warrant

A Search Warrant authorizes law enforcement to search a specifically identified location, vehicle, property, device, or other area for evidence related to a criminal investigation. The warrant should describe with reasonable particularity:

• The place or property to be searched;
• The criminal offense under investigation;
• The evidence or property being sought; and
• Any limitations imposed by the court.

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Seizure Warrant

A Seizure Warrant authorizes law enforcement to take possession of specifically identified property when lawful grounds exist. Property subject to seizure may include:

• Contraband;
• Evidence of a criminal offense;
• Criminal proceeds;
• Property used to facilitate criminal activity;
• Weapons or dangerous property;
• Vehicles;
• Financial assets; or
• Other property subject to lawful seizure.

Permanent forfeiture may require additional judicial proceedings.

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Digital Search Warrant

A Digital Search Warrant may authorize access to electronically stored information when probable cause establishes that relevant evidence is likely to be found. Digital warrants may apply to:

• Mobile devices;
• Computers;
• Electronic communications;
• Digital photographs or recordings;
• Financial records;
• Location records;
• Stored documents; or
• Other electronic information.

The requesting party should reasonably identify the categories of information being sought.

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Arrest Warrant Expiration

Unless otherwise ordered by the court, arrest warrants expire according to the classification of the underlying offense.

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Search Warrant Expiration

Unless the issuing judge specifies otherwise, a search warrant should be executed within a reasonable period after issuance. A search warrant that is not executed before its expiration loses legal effect. If probable cause continues to exist after expiration, law enforcement may submit a new application or request renewal.

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Warrant Renewal

A warrant may be renewed when lawful grounds continue to exist. A renewal request should explain:

• Why the warrant was not executed;
• Whether probable cause still exists;
• Whether circumstances have materially changed;
• Whether new evidence has been discovered; and
• Why continued judicial authorization is necessary.

Renewal is not automatic. The reviewing judge may approve, modify, or deny the request.

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Execution of an Arrest Warrant

When executing an arrest warrant, law enforcement should reasonably:

1. Confirm the identity of the person named in the warrant;
2. Confirm that the warrant remains active;
3. Take the subject into custody when lawful and practical;
4. Inform the subject of the general basis for the arrest;
5. Document the execution of the warrant; and
6. Notify or update the appropriate court or records system when required.

Officers may take reasonable actions necessary to safely execute the warrant.

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Execution of a Search Warrant

A search conducted pursuant to a warrant shall remain within the scope authorized by the court. Officers should reasonably:

1. Confirm that the warrant remains valid;
2. Confirm the location or property identified in the warrant;
3. Conduct the search within the authorized scope;
4. Seize only property authorized by the warrant or otherwise lawfully subject to seizure;
5. Document significant evidence or property seized; and
6. Complete any required warrant return or report.

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Scope of a Search

The scope of a search is determined by the warrant and the nature of the evidence being sought. For example: If officers are authorized to search for a stolen vehicle, they may search areas where a vehicle could reasonably be located. If officers are authorized to search for a small controlled substance, they may search containers or areas capable of concealing that substance.

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Persons Present During a Search

The presence of a person at a location covered by a search warrant does not automatically authorize a full search of that person. A person present may be:

• Temporarily detained when reasonably necessary for officer safety or execution of the warrant;
• Searched when separate lawful grounds exist;
• Arrested when probable cause or an active warrant exists; or
• Released when no lawful basis exists for continued detention.

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Evidence Discovered During a Search

Evidence specifically described in a warrant may be seized when located. Officers may also seize evidence not specifically listed when:

• The evidence is discovered from a lawful location;
• Its criminal nature is reasonably apparent; and
• The seizure is otherwise permitted by law.

The discovery of unrelated evidence does not automatically expand the entire scope of the search.

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Entry Into Property

A valid search warrant may authorize law enforcement to enter the property identified in the warrant. Officers should ordinarily announce their presence and purpose when reasonably practical. Immediate entry may be justified when circumstances reasonably indicate that delay would create:

• A substantial threat to life;
• A substantial threat to officer safety;
• An imminent risk of evidence destruction;
• Escape of a wanted person; or
• Another serious emergency.

Such circumstances should be documented after execution.

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Emergency Circumstances

Law enforcement may act without first obtaining a warrant when a recognized emergency or other lawful exception applies. Examples may include:

• Immediate danger to life;
• Hot pursuit;
• Imminent destruction of evidence;
• Emergency medical circumstances; or
• Another recognized exception established by law.

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Consent Searches

A person with lawful authority over property may voluntarily consent to a search. Consent should be:

• Voluntary;
• Given by a person with actual or reasonably apparent authority; and
• Limited to the scope reasonably understood from the consent given.

A person may restrict or withdraw consent unless law enforcement has another lawful basis to continue the search.

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Warrant Returns

After executing a significant warrant, the executing agency may be required to submit a return to the Judiciary. A warrant return may include:

• Date and time of execution;
• Officers involved;
• Location searched;
• Person arrested;
• Property or evidence seized;
• Significant circumstances during execution; and
• Whether the warrant was fully or partially executed.

The court may require additional documentation when necessary.

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Sealed Warrants

A judge may temporarily seal a warrant or supporting materials when disclosure would create a substantial risk to:

• An active investigation;
• Confidential sources;
• Protected witnesses;
• Officer safety;
• Evidence preservation; or
• Another legitimate investigative interest.

Sealing should continue only as long as reasonably necessary.

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Withdrawing or Quashing a Warrant

A warrant may be withdrawn or quashed by an authorized judge. Grounds may include:

• The subject has already been arrested;
• The warrant was issued in error;
• Probable cause no longer exists;
• Material information in the application was inaccurate;
• The underlying matter has been resolved;
• The warrant has become legally invalid; or
• Another sufficient legal reason exists.

Once a warrant has been quashed, officers may not continue relying upon it as legal authority.

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Challenging a Warrant

A defendant or other affected party may challenge the legality of a warrant before the court. A challenge may allege:

• Lack of probable cause;
• Materially false information;
• An overly broad warrant;
• Execution outside the authorized scope;
• Execution after expiration;
• Lack of judicial authority;
• Constitutional violations; or
• Another substantial legal defect.

The court may conduct a hearing when necessary.

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Remedies for an Invalid Warrant

When a warrant or its execution substantially violates the law, the court may consider appropriate remedies. Possible remedies may include:

• Suppression of unlawfully obtained evidence;
• Return of seized property;
• Modification or quashing of the warrant;
• Dismissal of affected charges when legally justified;
• Administrative or disciplinary referral; or
• Another lawful remedy.

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Court Orders

The Judiciary may issue orders necessary to administer justice and resolve matters properly before the court. Court orders may include:

• Subpoenas;
• Orders to produce evidence;
• Protective orders;
• No-contact orders;
• Property preservation orders;
• Release conditions;
• Sentencing orders;
• License restrictions;
• Probation conditions;
• Orders concerning seized property; and
• Other lawful judicial directives.

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Subpoenas

A Subpoena is a court order requiring a person to appear, testify, produce evidence, or provide specified records. A subpoena should reasonably identify:

• The person or organization receiving the order;
• What is required;
• The case or proceeding involved;
• The date or deadline for compliance; and
• The issuing judicial authority.

A person who believes a subpoena is unlawful or unreasonable may ask the court to modify or quash it. Ignoring a valid subpoena may result in contempt proceedings or other lawful action.

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No-Contact Orders

A judge may issue a no-contact order when reasonably necessary to protect a victim, witness, defendant, or another person involved in a legal proceeding. The order should clearly identify:

• The persons subject to the restriction;
• The prohibited conduct;
• Any exceptions;
• The duration of the order; and
• The consequences of violating the order.

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Compliance With Court Orders

A valid court order remains binding unless:

• Fulfilled;
• Expired;
• Withdrawn;
• Modified;
• Quashed; or
• Reversed through an authorized judicial process.

Disagreement with an order does not authorize a person or government agency to disregard it.

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Quick Reference

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