Warrants, Probable Cause, and Particularity

Probable-cause review benefits from understanding how prosecutors and judges may read a warrant affidavit. The defense looks for missing facts, stale information, weak nexus, overbroad requests, unreliable assumptions, and whether the affidavit actually supports the search or seizure authorized. Related guidance: Suppression Motions and Search and Seizure .

Probable cause and nexus

A warrant affidavit should establish a fair probability that evidence of a crime will be found in the specific place or item to be searched. Weak nexus can create a challenge.

Particularity

Warrants must describe what may be searched and seized with enough particularity to limit officer discretion. Broad digital searches deserve special scrutiny.

• What evidence was sought?
• What time period was relevant?
• Was the search tied to the alleged offense?
• Did the warrant authorize more than probable cause supported?

Defense review

The defense should examine the affidavit, warrant, return, forensic extraction, and any statements used to obtain the warrant.