Washington Search Warrant Laws and Procedures

The criminal laws of Washington, especially those related to Washington search warrants, have been formulated to safeguard the constitutional rights of individuals, prevent violations of laws, and to preserve peace and harmony in the state.

Washington Search Warrant Requirements

Washington search warrant laws adhere to the dictates of the Fourth Amendment to the U.S. Constitution. As per the rules, an individual and his possessions are secure from unreasonable searches. A Washington search warrant may be issued to search for evidence of a crime; weapons or other things by means of which a crime may have been committed or apparently is about to be committed; and contrabands, fruits of crime, or objects that have been acquired by criminal means. A warrant may also be issued to search a person who may be arrested on the basis of probable cause.

A Washington search warrant is issued by the court based upon the request of a peace officer or the prosecuting authority. The Superior Court judge who has authorized the search warrant retains custody and controls the affidavit of the search warrant until the latter has been carried out or has been returned unexecuted. There must be an affidavit or a sworn testimony that clarifies the grounds for issuing the warrant. The sworn testimony may be an electronically recorded telephonic statement, a written document, or an electronic recording.

A Washington search warrant may be directed for action to any peace officer. A search warrant must name the person, describe the area that is to be searched, and list all that that the police is searching for. These particular search warrant details must be specific and reasonable with regard to the evidence being sought.

For instance, if the police are looking for a car, they can search the garage but they cannot look inside the house. The warrant orders the officer to search within a specified period of time, which is not more than ten days. A warrant also specifies the court to which the search objects or documents and any evidence gathered during the search shall be returned. All search related documents and records are kept in public files, unless sealed by the court.

Exceptions to Search Warrant Requirements

There are certain exceptions to the above criteria. The police may search without a warrant if the person controlling the property gives his/her consent. The person might not be the owner. The police may also search an arrested person and his immediate surroundings to look for weapons or evidence that might be destroyed. In many circumstances, the police may conduct searches of properties without warrants if they suspect that the property contains a bomb or is hiding escaping criminals. This is done to ensure the safety of the public.

Accessing Washington Search Warrant Records

Washington search warrant records are available for public viewing, unless ordered sealed by the court. You may look up the Washington court website to search for warrant records at http://dw.courts.wa.gov/ or contact the court for information.

Knowing about the validity and the powers that a Washington search warrant bestows on the authorities will help ensure that you and your property are not subject to unreasonable searches.