Anchorage, AK asked in Criminal Law for Alaska

Q: What does a judge have to have to get a search warrant

Related Topics:
1 Lawyer Answer
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Criminal Law Lawyer
  • Las Vegas, NV

A: To obtain a search warrant in Alaska, a judge must have probable cause to believe that evidence of a crime is present at the location to be searched. Probable cause is a reasonable belief based on facts and circumstances that would lead a reasonable person to believe that evidence related to a crime can be found in the specified location.

Before issuing a search warrant, the judge will review an affidavit or sworn statement provided by law enforcement officers. The affidavit must present specific facts and details supporting the belief that evidence of a crime is at the location. It should not rely on vague or generalized statements but must provide enough information to justify the intrusion into someone's privacy.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.