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 ....