Search and Seizure Module 10 Practice Test

A neutral magistrate issues a search warrant. The warrant is granted only after a judge or similar official reviews a sworn statement showing probable cause that a crime is connected to the place to be searched and the items to be seized. The magistrate’s neutrality protects individuals’ rights by ensuring the decision to search is not driven by how a case is being pursued. A peace officer can apply for and execute the warrant, but they cannot issue it on their own. The district attorney may advocate for the warrant and present evidence, but the authority to issue lies with the neutral magistrate. The governor is not involved in issuing warrants.