Frisco Criminal Defense Lawyer

How Do Police Get a Warrant and When do they Need One?

To get a warrant, generally, police will fill out a “probable cause affidavit” and show this affidavit to a magistrate. The magistrate will authorize the warrant. In the affidavit, the police need to prove that a search is "reasonable." The police must show that it is more likely than not that a crime has occurred, and that if a search is conducted it is likely that they will find evidence of the crime. This is called probable cause.

In special circumstances the police may be able to conduct a search without a warrant. These searches are based upon the individual circumstances