What is the purpose and criteria of a search warrant? This is VERY important because if these criteria are not met, the search warrant becomes illegal and this is nothing more than a home invasion conducted under the color of law by people masquerading as law, essentially impersonating the law. That goes way beyond abuse of process and even malicious prosecution because now we enter very special crimes called sedition and malfeasance.
So, what is the criteria for a judge to authorize a search warrant? The following links are for the purpose of clarity and although they are American, they reflect the same basic principles in the Republic of Costa Rica. This link is the Costa Rican penal code.
1) An authorized individual making the application, and affidavit (police officer or prosecutor)
2) Evidence of a crime being committed or in the process of being committed (probable cause and informants)
3) Reasonable expectation the evidence of the crime will be found on site.
4) That the evidence is of a criminal, not a civil matter.
5) Items that may be searched for and seized must be detailed with relevance and restricted to those items.
6) In the event of civil breach of contract due to fraud, that the essence of the lie (proof) will be found at the location and cannot first be located somewhere else. (Like the civil registry.)
7) There must be a competent judge authorizing the warrant.
However, there are exceptions that we will deal with on a later post.