Warrant Affidavit Writing Made Easy: Create an Outstanding Warrant Application Every Time

Warrant Affidavit Writing Made Easy: Create an Outstanding Warrant Application Every Time

By Michelle M. Heldmyer
Attorney-Advisor (Instructor), FLETC ALG

Even for the most experienced law enforcement officers, writing an affidavit can be a daunting task. Ensuring your affidavit is legally sufficient, organized, easy to read, and even interesting, is challenging in the best of circumstances. The undertaking is often compounded by time constraints and the demands of prosecutors and judges. But with simple guidelines and a few easily accessible tools, every prospective affiant can create an impressive warrant application.

The Basics:

Every search and arrest warrant application is governed by rules. The primary rule is found in the Fourth Amendment to the U.S. Constitution: each warrant requires probable cause, supported by oath or affirmation, and particularity. More specific rules governing warrants are located within each jurisdictions’ rules of criminal procedure. Affiants need to be familiar with those rules, as they govern every stage of the process, from content to issuance to service of warrants.

To satisfy Constitutional and procedural requirements, warrant applications are accompanied by affidavits, designed to satisfy the court that the evidence in the case is sufficient to establish probable cause. The affiant swears or affirms the provided information is true and correct. Affidavits can, and usually do, contain hearsay information, because generally the rules of evidence do not apply. They can, and usually do, contain supportive information from multiple sources, including other officers and agents, documents, forensic examinations, expert analysis, witnesses, victims, and the affiant’s training and experience. Affidavits do not need to contain all information known by the affiant – they need only reach the level of probable cause to support the request. Probable cause only requires a fair probability, given all the facts and circumstances provided in ....

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