Reading A Search Warrant

A Maryland circuit or District Court judge issues a search warrant on a written, sworn application with an affidavit setting out facts within the affiant's personal knowledge that establish probable cause. The warrant has to name or describe with reasonable particularity what is to be searched, the grounds, and the applicant.

• Md. Code, Crim. Proc. § 1-203

• The officers executing it are clearly identifiable as police, in uniform with a badge and a tag bearing the officer's name and identification number.
• Unless the warrant is no knock, they allow at least 20 seconds for the occupants to answer the door before trying to enter, absent exigent circumstances.
• They may not use flashbang, stun or similar military style devices, absent exigent circumstances.
• Where the agency requires body cameras, they use them during the search.
• They give a copy of the warrant, the application and the affidavit to an occupant or leave one at the premises, and do the same with a detailed return listing when it was executed.

• Md. Code, Crim. Proc. § 1-203

A no knock warrant needs written approval from a police supervisor and the State's Attorney and a showing that announcing would endanger lives, and it is executed between 8:00 a.m. and 7:00 p.m. absent exigent circumstances.

• Md. Code, Crim. Proc. § 1-203

A judge orders seized property returned if it is not what the warrant described, there was no probable cause, or the warrant was issued more than 15 calendar days before the seizure, and property held after there is no further need for it. An affidavit may be sealed for up to 30 days, extended once.

• Md. Code, Crim. Proc. § 1-203