- Find Attorney
A facially valid search warrant is one that contains the minimum contents required to be legal. If it does not, it is said to be facially deficient. The search warrant must include the following:
-The name of every person whose affidavit has been taken.
-The statutory grounds for issuance.
-A description with reasonable particularity of the persons, places and vehicles to be searched.
-A description with reasonable particularity of the persons, things or property to be seized.
A warrant that fails to include a list of the things to be seized, at least where the list is not in an affidavit or other attachment that is incorporated by reference and which then accompanies the warrant to the scene of the search, is "facially deficient," and in violation of the Fourth Amendment.