Which statement is true regarding search warrants?

• A. The clerk may issue search warrants.
• B. Only a prosecutor may issue search warrants.
• C. Municipal judges, acting as magistrates, may issue search warrants.
• D. Police officers may issue search warrants.

Answer: (C)

Warrants must come from a neutral authority who can assess probable cause before privacy rights are restricted. Municipal judges acting as magistrates serve this role, reviewing the police or prosecutor’s showing and deciding whether a warrant should issue. They ensure the request meets legal standards and that the warrant is properly tailored to a specific place and items.

Clerks handle paperwork and do not determine probable cause or grant authority to search; they do not issue warrants. Prosecutors can prepare and present the warrant application, but they do not issue the warrant themselves. Police officers cannot issue warrants on their own because doing so would bypass the need for judicial review and the protection that a neutral magistrate provides.