Rule 4.2 Warrant on Affidavit

Before police can search someone's property, they must first convince a judge that they have good reason to do so. This is done through a written statement, called an affidavit, that lays out the facts supporting the search. The judge cannot issue a warrant just because police ask for one. There has to be actual evidence showing probable cause.

If the judge agrees that probable cause exists, the judge will issue the warrant. That warrant has to clearly name or describe what is being searched for, whether that's a person or an item, and it also has to name or describe where the search will take place. This means police cannot get a vague warrant that lets them search anywhere or take anything they want. The warrant limits their search to what the judge specifically approved.