I wanted to take a moment in this month’s column to thank the citizens of Audrain County for electing me to another term as your Prosecuting Attorney. Since 2009, I have served this County as its prosecutor, and have been a part of thousands of cases, covering everything from traffic tickets to murder cases. It has been, and always will be, a great honor to serve you, the people of our County, and to protect the rights of defendants, victims and the community through the justice system. 

In this month’s Opening Statement, I’ll share about our office’s role in search warrants. The Fourth Amendment to the U.S. Constitution, contained in the Bill of Rights, says, “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” 

A personal note: the Fourth Amendment to the Constitution is an area of constant legal challenges. It’s always evolving. In typical lawyer fashion, lawyers have been arguing about these 54 words since the United States was founded. Anything I say in this column is not intended to be exhaustive, complete or legally binding. With that word of caution, let’s begin. 

When the United States was founded, citizens were angry about infringement upon their rights by the British – random search and seizure of residences, property and papers were common and often enforced at gunpoint. The Founders wanted to make sure there was a check on that power: to let the Courts balance the power given to the executive branch. That power was passed on to the local judges, elected by the people. 

In Missouri, search warrants are applied for by law enforcement officers, supported by an application from a prosecuting attorney, and if permitted and granted, signed by a judge. It’s a court order to search a particular place, house, papers or effects – which can be enforced by force if necessary. 

In our office, law enforcement officers are requesting permission to search many things during the course of traffic stops, property and person crime investigations, and involving electronic data and devices. Search warrants can be as simple as obtaining a DNA sample via saliva cheek swab, a sample of blood from a DWI suspect, or photos of someone’s tattoo or other physical feature. They can be more complex, such as searching a home for stolen property, drug materials, or illegal guns. Some of the most complex involve data: cellular phones, GPS data, electronic data such as Facebook, Google or TikTok. 

In each of these cases, an officer must apply with an affidavit: a sworn statement under oath that states the items searched for and what is to be seized. The officer must spell out the reasons for their request, and a judge must find that request to be reasonable, and that there is probable cause to support that request. Probable cause is similar to “more likely than not” and “reasonably calculated to yield evidence,” and is not allowed to be overbroad. The affidavit must be based on reliable information or the officer’s knowledge, training and experience, as well as common sense. 

After the officer writes this affidavit and swears on their oath to the judge that it’s true to the best of their knowledge and belief, a prosecuting attorney reviews the filing. The prosecutor must then swear to the judge on their oath that they belief the information is true to the best of their knowledge and belief. The 

The judge, then, can choose to sign the search warrant, authorizing the search and seizure. The judge can, in their power and discretion, decide not to sign the search warrant. 

A common occurrence for a search warrant is a suspected driving while intoxicated case. If a suspected intoxicated driver chooses not to provide a sample of their breath or blood upon request of a law enforcement officer, the officer can choose to apply for a search warrant. The officer, in writing, states the reasons for their reasonable suspicion and probable cause that the target committed a crime of driving while intoxicated. Then, the officer asks a prosecuting attorney to review and support her determination. If the prosecutor agrees, a draft warrant (a court order allowing the search and seizure) is provided to the judge. After placing the officer and prosecutor under oath, the judge reviews the document and can choose to sign the warrant, authorizing the search and seizure, or can choose not to sign – and there will not be a legal search. 

If the judge signs the warrant, the search and seizure is authorized. In our example for a driving while intoxicated case, the officer can obtain a blood sample from the accused driver, even if that accused driver does not consent. The judge’s order allows the taking of the sample over the accused’s objection. 

When a search warrant is authorized, the officer must return to the judge and tell the judge exactly what was seized and where it was seized from – if anything was seized or searched for. If nothing was seized, the officer must still return to the judge to tell the judge it did not seize anything after following the judge’s order. In our example, the officer photographs the blood and shows the judge that blood was seized. 

There are numerous occasions where a search warrant is not needed – but that’s an entire class in law school. The purpose of this column is to provide some insight on our office’s operation, duties and role, not to provide a complete class on search warrants. 

Our office considers law enforcement search warrant requests 24 hours a day, 7 days a week, 365 days a year. I consider it part of our duty to be available to law enforcement and consider their requests, even in the middle of the night. In 2025, our office participated in more than 150 search warrants which were granted by the Court. This number has been steadily increasing with more opportunities for electronic data and social media accounts, as well as a rising number of smart phone device searches. These range from searches of houses and buildings for drugs, to stolen property, to access digital records from online companies, get cellular phone records or access a smartphone or computer device, or to take a sample of blood from an impaired driver. 

Next month, another look into more functions of the Prosecuting Attorney’s office, and how we meet our burden every day to provide justice for all of Audrain County.