Does a True Copy of a Federal Search Warrant Require a Judge's Signature?
- In most cases, a federal law enforcement officer may not search your home or business without consent or without first obtaining a search warrant. A search warrant allows the officer to enter and search according to the terms of the search warrant.
- A federal law enforcement officer must present an affidavit to a judge attesting to the reasons for requesting the search warrant in most cases. The judge, after considering the testimony in the affidavit, will then determine whether or not to grant the search warrant. If granted, the judge will sign the search warrant as well as indicate the date and time it was signed.
- In some situations a federal officer may request a search warrant over the telephone. In those situations, the call is recorded and the officer's testimony is considered sworn testimony. If a search warrant is granted in this manner then a written copy must be prepared and presented to the judge for signature as soon as possible after the telephonic request.
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