Affidavit

An affidavit is a formal written statement declaring truth of the facts in question. Within the criminal justice system, there are three ways to ensure that people are telling the truth. An oath is a declaration to god that a statement is true, while an affirmation is a similar declaration without the reference to god. The third method of ensuring truth is an affidavit which is given as much weight as an oath or affirmation.  The affiant, or person who signs an affidavit, declares a set of facts which they believe to be true to the best of their knowledge and understanding. The signing of an affidavit must be witnessed by the proper authority, such as a notary public or other official, in order to be considered legitimate.

The fourth amendment of the United States constitution protects the rights of all citizens against unreasonable search and seizure and states that no warrant can be issued unless probable cause, supported by oath or affirmation, can be shown. Probable cause is demonstrated through an affidavit. An affidavit is part of the process to obtain a judge-ordered search or arrest warrant. The application procedures to obtain a search warrant or an arrest warrant are the same, with minor differences in the wording of the affidavit form.

A search warrant gives law enforcement the right to search a specific place or person, for specific items, at a specific time. A search warrant is only granted in cases where there is reasonable evidence to believe that a crime is in progress or has taken place and that the search will produce evidence or suspects in relation to that crime. An arrest warrant is a court order which allows law enforcement to arrest a specific suspect for a specific crime in question. An arrest warrant is only ordered when there is probable cause that the suspect committed the crime in question.

An affidavit can be made by a law enforcement official or a private citizen who can provide reliable facts which help establish and support probable cause to issue a warrant. For an affidavit to be considered legitimate, the informant must be a reliable source. A reliable source is often one of the following: an informant who has proven reliable in the past, one who also implicates themselves in the crime, one who provides information that is at least partially verified, the victim of the crime, the witness to a crime, and a law enforcement official. When an affidavit can demonstrate facts which lead a person of prudence and caution to believe that an offense has been committed, the judge will issue a warrant on the basis of probable cause.

An affidavit must be worded in a specific way in order to be upheld and admissible in a case. For example, an affidavit for an arrest warrant must give a very detailed description of the suspect and officers must use reasonable care to ensure that the right person is arrested. The affidavit for a search warrant must specify, in detail, the persons, places, documents, property, and effects to be searched for at a specific time at a specific place. When affidavits are filed inappropriately, it can affect the course of subsequent legal proceedings. If you would like to learn more about affidavits, please contact us to speak with a qualified and experienced attorney who can ensure that your rights are protected.