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A search warrant must be signed by a Judge. Most judges have to have a pretty good reason to sign a warrant and I don't think an annonymous phone tip would be sufficient evidence to sign a search warrant. There would have to be other evidence involved not just one phone call.
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A search warrant may or may not expire, depending on the state and reasons for the search. The warrant as approved by the judge will be limited to the items requested.
For example if they list merely search for a missing car, they may search in a garage but not in your kitchen cabinets since a car would not fit there, that is why if a car is missing they list car, and car parts and/or papers and electronic documents relating to the car. That allows them to search the smallest draw and all computers. A call, no most likely that will not be enough unless they had a lot of calls and used all of them to base, or unless police had other evidence and the call added more to it. A judge has to sign the application for warrant which the officer or DA has to show there is good reason to believe this search is needed. So it is all up to what the judge will or won't sign, some will sign almost anything put in front of them, others will not |
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Hello k:
Our Constitution says that a search warrant may only be issued "but upon probable cause, supported by Oath or affirmation". You can't make an OATH or affirmation with an anonymous phone call. That doesn't mean judges won't sign on. The Padre is right. Some will sign ANYTHING a cop puts in front of them. Others understand the law a little bit better... The good news, is that if somebody was arrested based upon a FAULTY warrant, the evidence won't be admissible in court. excon Annotations |
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