August 15, 2022
Understanding the legal process behind the raid and where it’s headed
By Molly Slag
Media coverage of the Mar-a-Lago raid has not been entirely illuminating, melding together as it does without distinction the four components of the search warrant process. The four components are:
1. Petition
2. Affidavit
3. Warrant
4. Return
The petition is the Department of Justice’s application asking that the court issue a search warrant. In the petition, the DOJ (a) argues to the court that the affidavit shows there is probable cause to believe that evidence of criminal activity can be found on the target premises and (b) specifies the nature of that evidence (documents, firearms, automotive parts, etc. whatever).
The affidavit is a sworn statement attached to the petition attesting to the essential facts that would justify the court’s issuing that warrant.
The warrant is an order from the court commanding the search be done, and the evidence seized.
The return is the DOJ post-raid report to the court detailing how its agents (i.e., the FBI) executed the warrant: How they carried it out, what evidence they seized, and where they are safeguarding that evidence. If the DOJ intends to use any of the seized evidence in a trial for the alleged crimes, it must report that reported in the return.
more
https://www.americanthinker.com/blog/2022/08/understanding_the_legal_process_behind_the_raid_and_where_its_headed.html
