Warrant,

search and seizure

Prabin Acharya
Roll No: 14002
 Introduction
Warrant:
 Written order issued by a judicial officer or other authorized person
commanding a law enforcement officer to perform some act
incident to the administration of justice.
 Police use as the basis to arrest a suspect and to conduct a search of
property for evidence of a crime.
 Also used to bring persons to court who have ignored a subpoena or
a court appearance.
Search and Seizure 
 Procedure used in many civil law and common law legal systems
 Police or other authorities and their agents, who suspect that
a crime has been committed, do a search of a person's property
and confiscate any relevant evidence to the crime.
 Used to produce evidence for the prosecution of alleged criminals.
 The police have power to search and seize, but individuals are
protected against arbitrary.
 Types of Warrant
I. Search Warrant: A Search warrant is a judicial document that
authorizes police officers to search a person or a place to obtain
evidence for presentation in criminal prosecutions.
II. Arrest Warrant: Arrest warrant is a written order issued by a
judge or other proper judicial officer, upon probable cause,
directing a law enforcement officer to arrest a particular person.
III.Bench warrant: Bench warrant is a process that is initiated by the
court pro se in order to attach or arrest a person. An order that a
judge or group of judges issues directly to the police with the
purpose of directing a person’s arrest.
 Legal Provision

According to Nepalese legal provision a valid search and seizure warrant

must meet four requirements:
 The warrant must be filed in good faith by a law enforcement officer.
 The warrant must be based on reliable information showing probable
cause to search.
 The warrant must be issued by a neutral and detached magistrate; and
 The warrant must state specifically the place to be searched and the
items to be seized.
 Case Law:

 Mapp v. Ohio - 367 U.S. 643 (1961)

 Arizona V. Gant (07-542)

Thank you for your time and
patience