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What is a "search warrant"?

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What is a "search warrant"?

Jeffrey K. Rubenstein (Criminal Defense Attorney) gives expert video advice on: Can I refuse to let the police entry into my home or business?; Can I refuse to allow the police to search me or my property?; Under what circumstances can the police stop me while driving? and more...

A search warrant is a probable-cause declaration which the police bring to judges. So here's what happens: somebody tips off the police that they believe their neighbors are drug-dealing. The police then set up surveillance and they write a report for a judge to sign that says, between midnight and 4 a.m. we saw 4 people come knock at the door and exchange something and then leave. Based on my training and experience in the academy this looks like narcotic sales. In addition, we stopped one of those people and they told us that they had just bought narcotics at the location. The police write all that up in what's called an affadavit for a search warrant. They bring it to the judge and they say, judge, this is what we saw, give us a search warrant. They now have, are able to articulate that there is probable cause to believe that a crime, i.e. drug dealing, is being committed therein and the judge signs a search warrant which gives them access.

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