A search warrant may be issued by any enforcement authority within a jurisdictional district where the person or place to be searched is located. A search warrant must have a purpose and this is discussed under Rules of Criminal Procedure – Rule 201. It states they can search for contraband, the fruits of a crime or things otherwise criminally possessed. In addition, they can search for anything used to commit a crime or any property that constitutes evidence of the commission of a crime. However, a District Attorney or the Attorney General’s office must approve a search warrant application when a police officer or enforcement authority decides they need one. The District Attorney needs to file a certification with the Court of Common Pleas which specifically states the circumstances in which the search warrant shall be issued. They also need to have an affidavit to support the issuance of a search warrant. In other words, someone must write the probable cause for the issuance.
Once this is accomplished, a Superior Court Judge, Common Pleas Judge or Magistrate will sign off on the search warrant and only then it can be served by a law enforcement officer as long as it states the specific time and date of the issuance, identifies specifically the property to be seized and the name of the person or place to be searched.
Now we come to how a search warrant is actually served or how a law enforcement officer gains entry into the premises. First, the officer executing the search warrant must make reasonable effort to give notice of his identity, authority, and purpose to any occupant in the premises specified in the warrant, unless exigent circumstances require the officer’s immediate forcible entry. We have all heard of Police giving a knock on the door and within seconds breaking the door down. However, Rule 207 states the officer shall wait for a response for a reasonable period of time after announcement of his identity and authority. But, if the officer is not admitted after a reasonable period of time, the officer may enter the premises and may use physical force to effect the execution of the search warrant.
Finally, after the search warrant has been served and articles have been seized, the authority must give a copy of the warrant, affidavit and receipt of any property seized.
