Who issues a search warrant?

• A. Judge
• B. Police Officer
• C. Prosecutor
• D. City Clerk

Answer: (A)

Search warrants must come from a neutral authority who can assess probable cause—typically a judge or magistrate. They review the evidence provided in an affidavit and, if satisfied there is probable cause to believe a crime is being committed and that evidence of specific items will be found in a specific place, issue the warrant. The role protects Fourth Amendment rights by ensuring searches are justified and narrowly described. Police officers cannot issue warrants themselves; they can apply for one and carry it out if granted. Prosecutors may draft the request and present it to the judge, but they do not issue the warrant on their own. City clerks do not have authority to issue warrants. In Texas, the standard practice is that a judge or magistrate issues the warrant.