Function

A search warrant helps ensure that a vehicle search does not violate the owner's constitutional rights.

Affidavit

In most cases, a police officer, district attorney or other public official requests a warrant by filing a written affidavit in a New York court that has jurisdiction over the vehicle.

Required Information

Under New York law, the affidavit should include the name of the official and his agency. It should specify the location of the vehicle and identify it in detail.

Reasonable Cause

New York law also requires the public official seeking the warrant to swear that reasonable cause exists to believe the vehicle was used during a crime or contains evidence of a crime. The affidavit must provide a factual account of the specific criminal acts.

Benefits

A court-approved warrant reduces the likelihood of a conflict with the vehicle's owner when police make the search. A valid warrant helps assure the admissibility of seized evidence at trial.

Owner's Recourse

A vehicle owner can later challenge the validity of a search warrant in court. A successful challenge may bar any evidence seized during a search from being used at trial.

Source:

New York State: "Laws of New York: Criminal Procedure Article 690"

"The Complete Search Warrant, Annotated;" Alfred M. Rosenblatt; 2005

More Information:

findlaw.com: NY Code, Article 690