Through our Q&AZ reporting project, a listener asked: "What is the difference between judicial and administrative warrants?”
The major contrasts are the issuer, standard to obtain and authority level.
Judicial warrants give law enforcement constitutional authority to search homes, vehicles and communication lines. They are issued by judges when law enforcement shows probable cause of a crime.
“And those warrants have a lot more power,” said Benjamin Taylor, an attorney in Phoenix. "The judge can either say 'yes’ and issue the warrant. Or the judge can say ‘No, I don’t believe there is enough probable cause here. I need more information.'"
Administrative warrants are issued by government agencies, such as Immigration and Customs Enforcement, to carry out deportation orders and arrest people suspected of being undocumented.
“With an administrative warrant, you can’t enter a person’s home,” Taylor said.
Taylor also said those unlawfully present in the U.S. are still protected against unreasonable searches and seizures and guarantee a right to due process.
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