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My understanding is that they'll give the subject the warrant, which just describes what they're allowed to search for and where. The affidavit submitted the ju
by timdev2 3y ago
My understanding is that they'll give the subject the warrant, which just describes what they're allowed to search for and where. The affidavit submitted the judge, which describes the evidence that established the requisite probable cause, is not provided.
If the search turns up evidence, and the government wants to use that evidence at trial, then the affidavit is available in discovery.
If no trial results, I don't think there's any reliable way to get at the affidavit.
- pclmulqdq 3y agoI think sometimes the affidavit can be sealed, in which case it becomes discoverable at trial, but if it's not sealed, it gets attached to the warrant. I may be wrong or it may be that judges just seal affidavits like that as a matter of course - I have never been served one.