The electronic warrant is an authorization signed by a judge that gives law enforcement officers permission to search, arrest or copy electronically stored information. It enables police to act quickly during emergency situations without having to go to a courthouse. Using the same technology that is used to sign documents, an officer completes the required information for a warrant on a mobile device or computer, and the system sends it directly to a judge. This allows a judge to review the request and make a decision about whether or not to issue a warrant. In addition, the system provides a secure communication channel between law enforcement and the judges and county clerks who are reviewing the requests.
The law requires that a search warrant include probable cause to believe that there is evidence of the crime being investigated. It must also describe the place to be searched and the items to be seized with particularity (see Groh v. Ramirez, 540 U.S. 551) and be signed by a neutral and detached magistrate or judge.
In some jurisdictions, district courts have a number of magistrate judges who are authorized by statute to do certain things, including conducting arraignments and setting bail in criminal cases and adjudicating informal traffic citation hearings and small claims cases. These judges are not considered to be judges of the superior courts and do not have a judicial education, but they are generally allowed to do what the judge in the superior court can do.
Typically, district court magistrates can only sign search and arrest warrants in person. Some jurisdictions have experimented with ways to allow them to do this via other methods. For example, in 1998, Gwinnett County in Georgia became the first in the country to allow its district court magistrates to use a new type of system to do so. The system combines an online form, a computer with tiny cameras attached to the desks at both the police department and the courthouse, and a video conference between the magistrate and the police officer. This allows the magistrate to verify the officer’s identity and administer an oath before approving the warrant.
In addition, the system also saves time and paperwork for the judicial office by allowing magistrates to do much of their work on the computer instead of on paper. It also allows the judicial offices to save on printing costs, which is important during difficult economic times.
BerkOne’s Ewarrant solution is used by over 18,000 officers and Judges on a daily basis to create, review, and process warrants electronically. The system provides a highly collaborative environment where police, prosecutors, clerks, and judges can access documents and communicate in real-time via a secure video conferencing system. The entire process is monitored and controlled so that the issuance of warrants can be completed within minutes rather than hours. This allows police to respond more quickly to emergencies and to keep officers on the street where they are needed.electronic warrants
