How Is A Search Warrant Different than an Arrest Warrant?
A Search warrant will be issued by a judge or magistrate. The police must submit an affidavit. An affidavit is a legal document. In this document the police will describe the place they want to search, what items they believe are in the location, and what evidence supports the police officers belief that evidence of a crime will be found in that location. Once the police have received the warrant and begin their search, the police may also seize any contraband that might be in plain view. Police typically have to announce themselves before they search the location. However, the U.S. Supreme Court has held that if police believe that evidence might be destroyed or the police might be in danger then they may enter without announcing. Richards v. Wisconsin, 520 U.S. 385 (1997). When conducting a search, the police may search a person who they have probable cause to arrest. However, if there is no probable cause to arrest an individual then the police will be limited to a Terry pat down of
