Legal Question in Criminal Law in New York
steps to obtain a search warrant?
Who must a lawyer go see and what
must they prove in order to get a
search warrant?
3 Answers from Attorneys
Re: steps to obtain a search warrant?
Lawyers cant get search warrants. Police officer obtain search warrants and they must prove they must prove to a judge they have probable cause.
Re: steps to obtain a search warrant?
search warrants are issued to law enforcement agencies, such as police. If a private person, for some reason, feels that a search of certain person or premises is necessary he or she should file a complaint with a local police or any other law enforcement agency and it is them who apply for any type of warrants, should such is found necessary.
Re: steps to obtain a search warrant?
Police and prosecutors generally are the only ones that can obtain a search warrant. In rare cases, private lawyers in an ongoing civil case could also obtain one in the same way -- upon an appropriate written Application to the judge with a showing of 'good cause' and facts sufficient to convince the judge to issue the warrant, which would have instructions that the police execute it. Tough to do, but possible, and with legal risks.
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