Get VA DC-338 2017

An affidavit is a written statement of facts that the affiant (person making the statement) swears to be true. ... A magistrate who believes that an affidavit establishes probable cause to conduct a search will issue a warrant.

An affidavit of probable cause is a sworn statement, typically made by a police officer, that outlines the factual justification for why a judge should consent to an arrest or search warrant or why an arrest made during a crime-in-progress was based on solid evidence that the person in custody is the person who is ...

Probable cause to seize property exists when facts and circumstances known to the officer would lead a reasonable person to believe that the item is contraband, is stolen, or constitutes evidence of a crime. When a search warrant is in play, police generally must search only for the items described in the warrant.

Probable cause is also sometimes established when someone else sees you commit a crime. Informants can give police information that helps law enforcement develop probable cause, depending on the quality of the information and the credibility of the informant.

The police officer cannot search your car without your consent unless he has "probable cause". ... In general, an officer can arrest you if he has probable cause to believe that you committed a felony, or if he sees you commit a misdemeanor, or if there is a warrant for your arrest.

An officer may establish probable cause with witness statements and other evidence, including hearsay evidence that would not be admissible at trial. An officer's suspicion or belief, by itself, is not sufficient to establish probable cause.

A search and seizure is considered unreasonable if it is conducted by police without a valid search warrant, and does not fall under an exception to the warrant requirement. A judge issues a search warrant to authorize law enforcement officers to search a particular location and seize specific items.

A valid search warrant must meet four requirements: (1) the warrant must be filed in good faith by a law enforcement officer; (2) the warrant must be based on reliable information showing probable cause to search; (3) the warrant must be issued by a neutral and detached magistrate; and (4) the warrant must state ...

Likewise, if the officer has a valid search warrant, you cannot refuse to let him or her search your property. A judge can issue a search warrant if he or she has probable cause to believe that a crime has been committed and that evidence of the illegal activity can be found on your property.

Arrest warrants can be valid for long periods of time, sometimes months or years, while search warrants expire more quickly.

To obtain a warrant, a police officer typically submits a written affidavit to a judge or magistrate. The affidavit, given under oath, must recite sufficient factual information to establish probable cause that a crime was committed and that the person named in the warrant committed it.

If the probable cause (or factual reasons for the search) is stale, then a warrant obtained based on those facts may be invalid. ... The magistrate must find probable cause to believe that the place to be searched contains items alleged by police to be in connection with criminal activity.

A stock warrant gives the holder the right to buy shares at a certain price before expiration. The easiest way to exercise a warrant is through your broker. When a warrant is exercised, the company issues new shares, increasing the total number of shares outstanding. Warrants can be bought and sold up until expiry.

Affidavit is a sworn statement that a person has committed a crime against the complainant on a specific date. ... If probable cause exist then the judge signs the affidavit which then becomes a warrant. The person then has an arrest warrant for him.

Probable cause may be demonstrated by live, sworn testimony or by affidavit. More importantly, an affidavit based on hearsay (which could not be used as evidence in a criminal trial) can be used as the basis for issuing a search warrant, so long as the circumstances in their totality establish probable cause.