2001-2025 Form

The finer details will vary from place to place, but basically:The officer desiring the search warrant will assess whether he or she has sufficient probable cause to justify issuance of the warrant by a magistrate. The officer outlines and organizes this information.The officer writes an affidavit of probable cause, detailing all of the elements of probable cause, how he or she came to know them, and in some cases detailing the experience and/or previous reliability of the person or other source of the information. For example, an officer seeking a search warrant for a suspected clandestine lab might include verbiage to the effect of “Your affiant has been a law enforcement officer for X years, and has participated in over 100 narcotics investigations. He has conducted searches of X premises where clandestine narcotics labs were thought to be housed, and recovered evidence of these labs in over 90% of those searches. He has made over 200 arrests for possession of illegal narcotics, with over half of those arrests involving . He has participated in over X dismantlings of clandestine laboratories.”The officer might be required to take his affidavit to a prosecutor for review before bringing it to a judge. In some jurisdictions, the officers bring their search warrants directly to the judge. During business hours, he tries to find a judge who isn’t in court session or otherwise busy with other matters. After hours, there are usually “on call” judges he can call at home. (NOTE: some judges are notorious for dodging the cops, as they don’t want to be bothered with warrant affidavits after hours. These judges get reminded of this come election time)The officer presents his affidavit to the judge for review. There is a “four corners doctrine” that states that the probable cause for the search warrant has to be contained within the document, e.g. the “four corners” of the paper it’s written on. The officer doesn’t have the freedom to verbally add in details he might have left out. If there are details missing, he can go back and add them, then bring the affidavit to the judge again.The affidavit will have attached the search warrant form, detailing the premises to be searched, and what evidence is being sought. The search warrant will be lacking the judge’s signature.If the judge finds that the affidavit contains sufficient probable cause for issuance of the search warrant, he has the officer swear to the truth of the warrant, and signs the warrant. If the officer is later found to have knowingly misrepresented anything in the affidavit, he can be charged with false swearing. This is a serious, potentially career-ending act.Steps 4–6 can, in some jurisdictions, be done over the phone, e.g. “telephonically.” In those cases, the judge instructs the officer to sign the judge’s name on the search warrant. I’ve done a couple of these where I was pretty sure the judge was asleep during large portions of my statement of probable cause. When these are done telephonically, the call is usually recorded and later transcribed for the record.The officer is then free to serve the search warrant. He will usually take other officers (sometimes a lot of other officers) with him to do this.Specific practice varies, but in most jurisdictions, the police will leave a copy of the search warrant at the searched premises, as well as a “return.” The return lists any evidence that was found and seized during the search. The original of the return is filed with the court, as is the original affidavit and search warrant.The affidavit is usually not made available to the defendant unless the case goes to trial. In that case, the affidavit is given to the defense as part of required discovery. In rare cases, portions of the affidavit may be redacted to protect confidential informants who may have contributed to the probable cause finding.The time required to obtain a search warrant varies widely. In an emergent situation, an officer who has all his ducks lined up might procure a search warrant in under an hour. In another case, I helped a friend edit an affidavit he had been working on for eleven months. His search warrant was for business records.On TV, the hero cop tells his colleague at the station to “pick up a search warrant and meet me at the hideout.” You can see why it’s not feasible to just “pick up” a search warrant. It’s not like you keep a dozen or so in a drawer, waiting to be filled out and served.The first search warrant I was involved in procuring was while I was a trainee, riding with a field training officer. I was not especially critical to the investigation, but my FTO got us involved so I could see the process (something for which I am still grateful to the late, great, Officer Frank Termini). The justice of the peace we took our affidavit to had been a JP for many years. His wife had died, and he lived with his daughter. When we arrived at the judge’s home, the daughter had coffee and cookies laid out for us. I was told this was their standard practice. The judge addressed everyone as “Officer,” and after he signed the warrant, shook everyone’s hands and wished us success and safety. That kind of warmth and caring for the cops who served the warrants he signed was uncommon among the judiciary.

The format of a search warrant is usually set by the court. In California it became a statewide thing. The front page is the actual warrant. It is a fill -in-the-blanks thing and may be available as a printed form or on the department report writing system as a Word template. The affidavit, which spells out the probable cause, may or may not be available as a template with headers and footers, or may just be a typed narrative. Then there is a statement of the officer’s training and experience (hero sheet) which shows why he or she is competent to investigate that crime, signNow their conclusions and know what must be searched for and seized.

A police officer cannot lie on a search warrant. In fact, part of having a judge sign a search warrant is an officer taking an oath that all that is written in the warrant is factual and known to the officer to be truthful. Intentionally lying on a search warrant would be against the law and could be argued in court later if need be.

NOOOOOOO. You are talking to a military romance scammer. I received an email from the US Army that directly answers your question that is pasted below please keep reading.I believe you are the victim of a military Romance Scam whereas the person you are talking to is a foreign national posing as an American Soldier claiming to be stationed overseas on a peacekeeping mission. That's the key to the scam they always claim to be on a peacekeeping mission.Part of their scam is saying that they have no access to their money that their mission is highly dangerous.If your boyfriend girlfriend/future husband/wife is asking you to do the following or has exhibited this behavior, it is a most likely a scam:Moves to private messaging site immediately after meeting you on Facebook or SnapChat or Instagram or some dating or social media site. Often times they delete the site you met them on right after they asked you to move to a more private messaging siteProfesses love to you very quickly & seems to quote poems and song lyrics along with using their own sort of broken language, as they profess their love and devotion quickly. They also showed concern for your health and love for your family.Promises marriage as soon as he/she gets to state for leave that they asked you to pay for.They Requests money (wire transfers) and Amazon, iTune ,Verizon, etc gift cards, for medicine, religious practices, and leaves to come home, internet access, complete job assignments, help sick friend, get him out of trouble, or anything that sounds fishy.The military does provide all the soldier needs including food medical Care and transportation for leave. Trust me, I lived it, you are probably being scammed. I am just trying to show you examples that you are most likely being connned.Below is an email response I received after I sent an inquiry to the US government when I discovered I was scammed. I received this wonderful response back with lots of useful links on how to find and report your scammer. And how to learn more about Romance Scams.Right now you can also copy the picture he gave you and do a google image search and you will hopefully see the pictures of the real person he is impersonating. this doesn't always work and take some digging. if you find the real person you can direct message them and alert them that their image is being used for scamming.Good Luck to you and I'm sorry this may be happening to you. please continue reading the government response I received below it's very informative.   You have contacted an email that is monitored by the U.S. Army Criminal Investigation Command. Unfortunately, this is a common concern. We assure you there is never any reason to send money to anyone claiming to be a Soldier online. If you have only spoken with this person online, it is likely they are not a U.S. Soldier at all. If this is a suspected imposter social media profile, we urge you to report it to that platform as soon as possible. Please continue reading for more resources and answers to other frequently asked questions:  How to report an imposter Facebook profile: Caution-https://www.facebook.com/help/16... < Caution-https://www.facebook.com/help/16... >   Answers to frequently asked questions:  - Soldiers and their loved ones are not charged money so that the Soldier can go on leave.  - Soldiers are not charged money for secure communications or leave.  - Soldiers do not need permission to get married.  - Soldiers emails are in this format: john.doe.mil@mail.mil < Caution-mailto: john.doe.mil@mail.mil > anything ending in .us or .com is not an official email account.  - Soldiers have medical insurance, which pays for their medical costs when treated at civilian health care facilities worldwide – family and friends do not need to pay their medical expenses.  - Military aircraft are not used to transport Privately Owned Vehicles.  - Army financial offices are not used to help Soldiers buy or sell items of any kind.  - Soldiers deployed to Combat Zones do not need to solicit money from the public to feed or house themselves or their troops.  - Deployed Soldiers do not find large unclaimed sums of money and need your help to get that money out of the country.  Anyone who tells you one of the above-listed conditions/circumstances is true is likely posing as a Soldier and trying to steal money from you.  We would urge you to immediately cease all contact with this individual.  For more information on avoiding online scams and to report this crime, please see the following sites and articles:   This article may help clarify some of the tricks social media scammers try to use to take advantage of people: Caution-https://www.army.mil/article/61432/< Caution-https://www.army.mil/article/61432/>   CID advises vigilance against 'romance scams,' scammers impersonating Soldiers  Caution-https://www.army.mil/article/180749 < Caution-https://www.army.mil/article/180749 >   FBI Internet Crime Complaint Center: Caution-http://www.ic3.gov/default.aspx< Caution-http://www.ic3.gov/default.aspx>   U.S. Army investigators warn public against romance scams: Caution-https://www.army.mil/article/130...< Caution-https://www.army.mil/article/130...>   DOD warns troops, families to be cybercrime smart -Caution-http://www.army.mil/article/1450...< Caution-http://www.army.mil/article/1450...>   Use caution with social networking  Caution-https://www.army.mil/article/146...< Caution-https://www.army.mil/article/146...>    Please see our frequently asked questions section under scams and legal issues. Caution-http://www.army.mil/faq/ < Caution-http://www.army.mil/faq/ > or visit Caution-http://www.cid.army.mil/ < Caution-http://www.cid.army.mil/ >.  The challenge with most scams is determining if an individual is a legitimate member of the US Army. Based on the Privacy Act of 1974, we cannot provide this information. If concerned about a scam you may contact the Better Business Bureau (if it involves a solicitation for money), or local law enforcement. If you're involved in a Facebook or dating site scam, you are free to contact us direct; (571) 305-4056.   If you have a social security number, you can find information about Soldiers online at Caution-https://www.dmdc.osd.mil/appj/sc... < Caution-https://www.dmdc.osd.mil/appj/sc... > . While this is a free search, it does not help you locate a retiree, but it can tell you if the Soldier is active duty or not.  If more information is needed such as current duty station or location, you can contact the Commander Soldier's Records Data Center (SRDC) by phone or mail and they will help you locate individuals on active duty only, not retirees. There is a fee of $3.50 for businesses to use this service. The check or money order must be made out to the U.S. Treasury. It is not refundable. The address is:  Commander Soldier's Records Data Center (SRDC) 8899 East 56th Street Indianapolis, IN 46249-5301 Phone: 1-866-771-6357  In addition, it is not possible to remove social networking site profiles without legitimate proof of identity theft or a scam. If you suspect fraud on this site, take a screenshot of any advances for money or impersonations and report the account on the social networking platform immediately.  Please submit all information you have on this incident to Caution-www.ic3.gov < Caution-http://www.ic3.gov > (FBI website, Internet Criminal Complaint Center), immediately stop contact with the scammer (you are potentially providing them more information which can be used to scam you), and learn how to protect yourself against these scams at Caution-http://www.ftc.gov < Caution-http://www.ftc.gov > (Federal Trade Commission's website)

Affidavit is always on stamp paper

No. Courts do not file charges or decide when they should be filed. They could recommend it, but prosecutors and/or grand juries file charges, so there are no hearings other than the grand juries’ investigation. Both the prosecutor’s and grand jury’s deliberations are private.Perhaps some jurisdiction has such a strange procedure, but I have never heard of it.Original Question: A Franks hearing is a hearing about a search warrant affidavit, is there a hearing or a motion for an affidavit to file charges for the same underlying reason of misleading or lying in the affidavit?

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