How do the police go about obtaining a warrant to search my property?
The police go about obtaining a warrant by, first, drafting an affidavit stating what they believe to be probable cause that a crime’s been committed and that evidence of that crime could be found on your premise or in your office.
After they draft that affidavit, the next step is they have to take it in front of a judge whether it’s a district judge, a federal judge, to get them to read the affidavit and then sign off on the search warrant.
If a judge doesn’t think there’s probable cause, they can certainly say I’m not going to give you a search warrant but if they find probable cause then a judge has to sign off on it before they can come search your house with a search warrant.