Which statement is true regarding warrants again?

• A. Municipal judges, acting as magistrates, may issue search warrants.
• B. A police officer may issue a search warrant without a judge.
• C. Clerks may issue search warrants.
• D. Justices of the peace may issue all warrants.

Answer: (A)

Warrants must be issued by a neutral authority who can evaluate probable cause. When a municipal judge is acting in the magistrate role, they fulfill that neutrality and have the power to issue a search warrant if the evidence shows probable cause. Police officers can’t issue warrants on their own; they must seek one from a judge or magistrate. Clerks handle paperwork and filing, not the decision to grant a warrant. Justices of the peace have historically issued warrants in some places, but they don’t universally issue every type of warrant in modern practice. So, the statement about municipal judges acting as magistrates being able to issue a search warrant aligns with the required process, making it the true option.