What are the search warrant requirements in Arizona?
Arizona's warrant procedure is codified in Article 1 of Chapter 38 of Title 13, with state constitutional protection under art. II § 8.
1. Constitutional Foundation
The Fourth Amendment is supplemented by Ariz. Const. art. II § 8 — "No person shall be disturbed in his private affairs, or his home invaded, without authority of law." The Arizona Supreme Court has interpreted § 8 to provide GREATER protection for the home than its federal counterpart (State v. Bolt — warrantless home entry to secure premises while obtaining warrant invalid under § 8).
2. Probable Cause & Affidavit
A.R.S. § 13-3913 requires a sworn affidavit stating facts establishing probable cause. The warrant must particularly describe the place and items (§ 13-3915). Arizona applies the Gates totality test. Anticipatory warrants are recognized.
3. Who Issues
A.R.S. § 13-3912 authorizes any "magistrate" — including justice of the peace, municipal, superior, and appellate court judges — within whose jurisdiction the place is located. The issuer must be neutral and detached.
4. Execution
A.R.S. § 13-3916 codifies knock-and-announce: officers may force entry only after notice of identity, authority, and purpose and refusal. No-knock authorization requires advance judicial approval under § 13-3916(B) based on danger or destruction. Section 13-3918 requires execution within 5 days. Nighttime service (10 p.m.-6:30 a.m.) requires a § 13-3917 endorsement for good cause.
5. Scope & Plain View
Search is limited to areas where listed items could reasonably be hidden. Plain-view seizure is permitted when officers are lawfully present and incriminating nature is immediately apparent (Horton v. California).
6. Exceptions to the Warrant Requirement
Consent, search incident to arrest, exigent circumstances (more restricted than federal in the home — State v. Bolt), automobile (Carroll), inventory, protective sweep, and Terry frisk.
7. Suppression
Arizona recognizes the Leon good-faith exception (State v. Coleman) and generally aligns with federal exclusionary doctrine outside the home-privacy context.
This is legal information, not legal advice.
- Evidence seized via a no-knock or nighttime warrant without proper authorization
- Items seized outside the warrant's particular description
- An anticipatory warrant was executed before the triggering condition occurred
- A.R.S. § 13-3911 et seq.
- A.R.S. § 13-3913
- A.R.S. § 13-3916
- A.R.S. § 13-3918
- U.S. Const. amend. IV
- Ariz. Const. art. II § 8
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.