Administrative vs. Criminal Search Warrants
We had some reader ask what the diffrence was: We contacted Police Chief Jerry Harrison, This is what he had to say:
Fourth Amendment Basics
Under the Fourth Amendment, all searches, whether criminal or administrative, must meet due process requirements and protect individuals from unreasonable search and seizure. Both types of warrants require judicial authorization, supported by probable cause, though the standards and purposes differ.
Criminal Search Warrants
A criminal search warrant is issued when law enforcement can demonstrate probable cause that a crime has been committed and that evidence of that crime will likely be found in a specific place. This type of warrant is aimed at gathering evidence for prosecution and must meet the “more likely than not” threshold, meaning it’s more probable than not that evidence related to a crime exists at the location described.
Administrative Search Warrants
An administrative search warrant is typically used for inspections related to regulatory compliance or code enforcement, such as fire, health, or safety inspections, or investigating zoning or property code violations. For example, if a property is suspected of having unsafe wiring or an unlawful structure behind a privacy fence, an administrative warrant allows officials to inspect the premises.
Why Administrative Warrants Matter
- It allows a judge to determine if the public's interest in abating a nuisance outweighs the property owner's rights.
- It provides accountability because our inspectors are required to report our actions back to the judge within 10 days.
- It saves tax dollars because it keeps us from being turned away by an uncooperative property owner after we've hired contractors to abate the nuisance.
Not Interchangeable
While both warrant types are authorized by a judge and require a legal basis, they are not interchangeable. A criminal warrant seeks evidence of a crime, while an administrative warrant allows officials to ensure compliance with laws and regulations.
Chief Harrison added a statement that reflects this purpose. "While this ordinance is not a necessity, it communicates clearly to our community and our team what the formal process is for obtaining an administrative search warrant. This is important to me because it demonstrates open government and ensures our team respects our citizens' Constitutional rights."