Requirements and Exceptions to Lawful Search Warrants in Arizona

Elements of a Valid Search Warrant

Under Arizona Laws, Constitution; and the Fourth Amendment of the United States Constitution, a person has protection from unreasonable search and seizures of themselves or their property.

In order for the warrant to be valid the following elements must exist:

• “Probable cause”  A.R.S. 13-3924 & A.R.S. 13 -3925;
• Must be issued by Arizona; A.R.S. 13- 3911
• In the State’s name; A.R.S. 13- 3911
• Signed by a Judge or magistrate; A.R.S. 13- 3911
• Directed to an officer vested with the authority to make an arrest; A.R.S. 13- 3911
• Specify the person or place to be searched; A.R.S. 13- 3912
• Limited to specified listed item (s) police are being searched for; A.R.S. 13- 3912
• Include a specific time and date A.R.S. 13- 3917 & A.R.S. 13- 3918

Exceptions to Search Warrant Requirements

Search Warrant rules have exceptions as a result of case law and other constitutional rights challenges over the years. In other words, circumstances may exist, which compel police or investigators to proceed with a search in absence of search warrant.

Some exceptions include:

• Searches that are incidental to an arrest;
• The evidence could too quickly be dispelled or destroyed while police wait for the a valid warrant to be issued;
• The suspect provides consent;
• The situations may jeopardize police officer’s safety; or put others in imminent danger, if delays occur pending issuance of a valid search warrant.

Obtaining a Valid Search Warrant

In order to obtain a valid search warrant, police must submit or provide a statement or affidavit to the presiding Judge or Magistrate on call. Their request must include the justifiable reasons and “probable cause” under .A.R.S. 13-3924 & 13-3925. The warrant must include the specific items or person they are looking for. In the case of a DUI where police wish to do a DUI blood test, they will inform the judge that the suspect has refused to allow them to conduct a formal breath test; but preliminary tests such as a Standard Field Sobriety Test (SFST), and Preliminary or Portable Breath Test (PBT) have led to the need to conduct a DUI blood test to obtain Blood Alcohol Content (BAC) results.

Invalid Searches

Searches conducted by police without a valid search warrant are presumed to be invalid, unless the court finds that the search was reasonable under extenuating circumstances. If a search is determined by the court to be invalid, then any evidence obtained under that warrant may be suppressed, or not admitted for use against a suspect. An invalid search is considered unconstitutional or a violation of a person’s constitutional rights.