Search Warrants
A search warrant is a court order authorizing law enforcement to search a specific location for specific items. While district court judges have broad authority to issue search warrants, Justice of the Peace Courts have extremely limited search warrant authority, restricted to five specific categories defined by Louisiana law. Most search warrant requests must be directed to a district court judge.
Constitutional Foundation
Section titled “Constitutional Foundation”The Fourth Amendment to the United States Constitution and Article I, Section 5 of the Louisiana Constitution protect citizens against unreasonable searches and seizures. These provisions generally require that searches be conducted pursuant to a warrant issued by a neutral magistrate upon a showing of probable cause and supported by oath or affirmation describing the place to be searched and the items to be seized.
The warrant requirement ensures that a neutral judicial officer — not law enforcement — makes the determination that a search is justified.
JP Search Warrant Authority — Extremely Limited
Section titled “JP Search Warrant Authority — Extremely Limited”Justice of the Peace Courts may issue search warrants only in the following five categories. This is not a general search warrant authority — it is a narrow exception for specific circumstances.
The Five Categories
Section titled “The Five Categories”Under Louisiana law, a JP may issue a search warrant only in these specific instances:
- Blind Tigers — Places suspected of selling illegal alcohol in “dry” jurisdictions
- Deserting Seamen — To locate seamen who have deserted their vessel
- Fire Investigations — Upon affidavit from the fire marshal regarding incendiary fires
- Controlled Dangerous Substances — For drug-related offenses
- Administrative Inspections — For regulatory inspections and seizures
What This Means in Practice
Section titled “What This Means in Practice”These categories are exclusive. A Justice of the Peace cannot issue a general search warrant for stolen property, weapons, or evidence of other crimes unless it falls into one of the specific categories above (e.g., drugs).
If a search warrant request does not clearly fall within one of these five categories, the JP must decline and direct law enforcement to a district court judge.
Requirements for Search Warrants
Section titled “Requirements for Search Warrants”When a request does fall within JP authority, the same constitutional requirements apply as for any search warrant.
Probable Cause
Section titled “Probable Cause”The JP may issue a search warrant only upon a finding of probable cause to believe:
- The items sought are connected to criminal activity, AND
- The items will be found at the location to be searched
Probable cause means specific, articulable facts that would lead a reasonable person to believe the items are at the location. Mere suspicion is insufficient.
Sworn Affidavit
Section titled “Sworn Affidavit”The application must be supported by a sworn affidavit that:
- Is made under oath or affirmation
- Contains specific facts establishing probable cause
- Describes the place to be searched with particularity
- Describes the items to be seized with particularity
- Is based on personal knowledge or reliable hearsay
- Is recent enough to establish current probable cause
Particularity Requirement
Section titled “Particularity Requirement”The warrant must particularly describe:
The place to be searched — The description must be specific enough that the executing officer can identify the correct location with reasonable certainty. For residences, this typically includes the street address and physical description.
The items to be seized — The description must be specific enough to limit officer discretion. A warrant authorizing seizure of “evidence of crime” is too vague. A warrant authorizing seizure of “financial records relating to the sale of controlled substances” is sufficiently particular.
The Search Warrant Application Process
Section titled “The Search Warrant Application Process”When law enforcement seeks a search warrant from a JP:
Step 1: Verify Authority
Section titled “Step 1: Verify Authority”Before proceeding, verify that the request falls within one of the five categories where JP authority exists. If there is any doubt, direct law enforcement to a district court judge.
Step 2: Review the Affidavit
Section titled “Step 2: Review the Affidavit”Examine the sworn affidavit for:
- Specific facts establishing probable cause
- Sufficient description of the place to be searched
- Sufficient description of the items to be seized
- Freshness of the information
Step 3: Question the Affiant
Section titled “Step 3: Question the Affiant”The JP may (and should) ask questions of the officer presenting the application to clarify ambiguities or test the basis for probable cause.
Step 4: Make an Independent Determination
Section titled “Step 4: Make an Independent Determination”The JP must independently evaluate whether probable cause exists. Do not simply defer to law enforcement’s assertion that a warrant should issue.
Step 5: Issue or Deny
Section titled “Step 5: Issue or Deny”If all requirements are met, issue the warrant. If requirements are not met, deny the application and explain the deficiency so it can be corrected.
Contents of the Warrant
Section titled “Contents of the Warrant”A valid search warrant must include:
- Name of the issuing court — “Justice of the Peace Court, Ward **, Parish of **”
- Date and time of issuance
- Description of the place to be searched — Specific enough to identify the location
- Description of items to be seized — Specific enough to limit discretion
- Direction to execute — Command to peace officers to search and seize
- Time limitation — Warrants are typically valid for 10 days from issuance
- Signature of the magistrate
Execution of Search Warrants
Section titled “Execution of Search Warrants”Who May Execute
Section titled “Who May Execute”Any peace officer may execute a search warrant issued by a JP.
Warrants should generally be executed during daytime hours (6:00 AM to 10:00 PM) unless the warrant specifically authorizes nighttime execution based on a showing of necessity.
Knock and Announce
Section titled “Knock and Announce”Officers must generally knock, announce their presence and purpose, and wait a reasonable time before forcing entry. Exceptions exist for exigent circumstances.
Scope of Search
Section titled “Scope of Search”Officers may search only the areas where the items sought could reasonably be found. A warrant to search for stolen televisions does not authorize searching desk drawers.
Seizure of Items
Section titled “Seizure of Items”Officers may seize:
- Items described in the warrant
- Contraband in plain view during the lawful search
- Evidence of other crimes discovered in plain view
Return
Section titled “Return”After execution, the warrant and an inventory of items seized must be returned to the issuing magistrate.
When to Decline
Section titled “When to Decline”A JP must decline to issue a search warrant when:
- The request does not fall within the five authorized categories
- Probable cause is lacking
- The affidavit is not sufficiently particular
- The information is stale
- The request involves complex legal issues better suited for district court
- Electronic surveillance or wiretapping is involved
- First Amendment-protected materials are targeted
When in doubt, refer to district court. The consequences of an invalid warrant — suppression of evidence, civil liability, potential criminal liability — are severe.
Common Problems
Section titled “Common Problems”Staleness
Section titled “Staleness”Information establishing probable cause can become stale over time. Drugs may be sold, stolen property may be moved, evidence may be destroyed. The JP must consider whether the information in the affidavit is fresh enough to establish that the items are currently at the location.
Lack of Nexus
Section titled “Lack of Nexus”The affidavit must establish a connection (nexus) between the criminal activity and the location to be searched. Evidence that a person committed a crime does not automatically establish probable cause to search that person’s home.
Anticipatory Warrants
Section titled “Anticipatory Warrants”An anticipatory warrant is conditioned on a future event (e.g., “when the package is delivered”). These involve complex legal issues and should be directed to district court judges.
Third-Party Residences
Section titled “Third-Party Residences”Searching the residence of a person who is not the suspect raises additional constitutional concerns. Such requests should generally be directed to district court.
Rights of the Occupant
Section titled “Rights of the Occupant”Right to See the Warrant
Section titled “Right to See the Warrant”The occupant has the right to see the warrant and to receive a copy.
Right to Observe
Section titled “Right to Observe”The occupant may generally observe the search, though officers may control movement for safety reasons.
Right to an Inventory
Section titled “Right to an Inventory”The occupant is entitled to a receipt listing all items seized.
Right to Challenge
Section titled “Right to Challenge”The occupant may later challenge the warrant’s validity in court, arguing that probable cause was lacking or that the warrant was improperly executed.
Record-Keeping
Section titled “Record-Keeping”The JP must maintain records of all search warrants:
Documents to Retain
Section titled “Documents to Retain”- Copy of the application
- Original affidavit
- Copy of the warrant
- Return and inventory (filed after execution)
- Any notes from the probable cause determination
Reporting
Section titled “Reporting”Some jurisdictions require reporting search warrant activity to a central authority.
Important Limitations — Summary
Section titled “Important Limitations — Summary”| What JP CAN Do (5 categories only) | What JP CANNOT Do |
|---|---|
| Blind tigers (illegal alcohol in dry areas) | Issue warrants outside the 5 categories |
| Deserting seamen | Issue warrants for stolen property |
| Fire investigations (incendiary fires) | Issue anticipatory warrants |
| Controlled dangerous substances | Issue wiretap/surveillance warrants |
| Administrative inspections | Issue warrants for First Amendment materials |
When there is any question about authority or legal complexity, refer the request to a district court judge.
Related Topics
Section titled “Related Topics”- Magistrate Authority — Overview of JP criminal functions
- Criminal Complaints — Related warrant authority