Louisiana Code of Criminal Procedure Article 162 sets the requirements for a valid search warrant: it may issue only on probable cause, established to the judge’s satisfaction, and it must describe the place to be searched and the things to be seized. This article is one of the most powerful tools in a Fourth Amendment defense.
What the Statute Says
Art. 162. Issuance of warrant; affidavit; description
A. A search warrant may issue only upon probable cause established to the satisfaction of the judge, by the affidavit of a credible person, reciting facts establishing the cause for issuance of the warrant.
B. In any application for warrant, an affidavit containing the electronic signature of the applicant shall satisfy the constitutional requirement that the testimony of the applicant be made under oath, provided that such signature is made under penalty of perjury and in compliance with R.S. 9:2603.1(D).
C. A search warrant shall particularly describe the person or place to be searched, the persons or things to be seized, and the lawful purpose or reason for the search or seizure.
La. Code Crim. Proc. — source: Louisiana State Legislature
Why Article 162 Matters to Your Defense
Article 162 matters because a defective warrant can lead to suppression of everything seized under it. If the supporting affidavit lacked probable cause, or the warrant failed to describe the place and items with particularity, the search may be unlawful and its fruits inadmissible.
General, exploratory searches are exactly what the particularity requirement forbids. Warrants that authorize rummaging without specific targets are constitutionally suspect.
How Our Attorneys Use Article 162
We dissect the warrant affidavit line by line, testing whether it established probable cause and whether any information was stale, conclusory, or misleading. When it falls short, we file a motion to suppress the seized evidence.
We also examine whether officers exceeded the warrant’s scope during execution. A search that strays beyond what the warrant authorized can taint the evidence. See our Louisiana criminal procedure overview for how search issues fit the case.
Frequently Asked Questions
Under Article 162, a warrant may issue only upon probable cause established to the judge’s satisfaction, and it must particularly describe the place to be searched and the persons or things to be seized.
Yes. If the warrant lacked probable cause or particularity, or officers exceeded its scope, your attorney can move to suppress the evidence seized under it.
It requires the warrant to specifically describe the place to be searched and the items to be seized, preventing broad, exploratory searches.
Charged in Louisiana? Talk to a Defense Attorney
If your case involves a search warrant, the procedural details can shape the entire outcome. The Ambeau Law Firm knows how to hold the State to the rules. Contact us or call (225) 330-7009 for a free, confidential consultation.