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Is the affadavit for a search warrant the actual search warrant?

Atlanta, GA |

I was not showed a search warrant the day my house was searched. I asked my public defender could he get me a copy of the search warrant and he gave me an affidavit for a search warrant so i was wondering is that the actual warrant

Attorney Answers 5


  1. Best answer

    Simply stated, there are 2 parts to a search warrant. The affidavit, which is presented to the judge who determines whether to issue the search warrant. This contains the facts which led the officers to request the search warrant. The other part is the search warrant return, which the lead detective is supposed to file with the clerk of the court which issued the search warrant, which states that the warrant was executed. This is not always done. The affidavit that was provided to you by your lawyer, as long as it contains some facts, is probably sufficient for discovery purposes.


  2. No. An affidavit is what the officer swears out when he asks the judge to issue a search warrant. You should be able to get a copy of the warrant from the clerk's office where your case is pending.


  3. Simply stated, there are 2 parts to a search warrant. The affidavit, which is presented to the judge who determines whether to issue the search warrant. This contains the facts which led the officers to request the search warrant. The other part is the search warrant return, which the lead detective is supposed to file with the clerk of the court which issued the search warrant, which states that the warrant was executed. This is not always done. The affidavit that was provided to you by your lawyer, as long as it contains some facts, is probably sufficient for discovery purposes.


  4. No. The search warrant itself is a separate document from the Affidavit-but the affidavit is actually better to have because it tells you why they applied and received a warrant.


  5. Absolutely not. A warrant is not a warrant until a magistrate signs it. UNitl then, it is just another piece of papaer. Affidavits are statements made by affiants which they offer to be facts. Possibly the public defender misspoke and meant to mention the actual warrant, at least I would hope.

    Steve Shewmaker

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