Search Warrants

Search warrants are easy to obtain and easy to abuse.

  • 8 Minute Read

Search warrants are legal documents that are obtained by police officers when they can show a judge they have “probable cause” to believe that the search will uncover evidence of a crime. Investigations and court cases in DC have shown the Metropolitan Police Department can obtain warrants based on limited evidence of less serious crimes. They can be executed in extremely violent and invasive ways. Other jurisdictions like Utah, Maryland, and Virginia have more limitations on the evidence needed to obtain a warrant, guardrails around the manner in which the search can be conducted, and bans on certain types of search warrants, like “no-knock” warrants, entirely.  DC should enact legislation that would prohibit search warrants based solely on drug activity, and ban tactics like gunpointing and handcuffing during their execution unless there is a clear and immediate threat to the safety of officers or others. DC should also require MPD to investigate all actions where a warrant was served at an incorrect address, provide compensation to individuals who were erroneously searched, and publish robust data on search warrant practices and their impacts.

What you need to know

Search warrants can be obtained and served with little evidence that a crime occurred.

Because the 4th Amendment of the United States Constitution protects us from unreasonable search and seizure, police generally have to show a judge that they have probable cause to obtain a search warrant. However, judges have wide discretion in determining what constitutes probable cause. In DC, police can obtain search warrants based solely on officers’ “experience and training”, meaning they do not need substantive evidence of criminal activity to justify the search.  One type of search warrant, a “no knock” warrant, where police enter a property without first knocking and announcing their presence to residents, was used to justify the search that led to the tragic death of Breonna Taylor, whose death led to national protests about this police practice.

Investigations have shown that search warrants disproportionately affect DC's Black residents.

MPD has consistently failed to provide the necessary information about their use of search warrants, as was requested by the Police Reform Commission, a body set up by the Council of the District of Columbia. Some of the information MPD has failed to provide includes the number of warrants executed each year, the aggregate locations of the warrants, and the offenses associated with search warrants.  A significant amount of what residents know about the impact of search warrants comes from personal experiences and investigations completed by media outlets such as The Washington Post.  A 2016 investigation by The Washington Post of 284 search warrant cases found that of the 276 warrants for which they could determine a suspect’s race, just three originated with arrests of white suspects. The remaining 99 percent involved black suspects. The Washington Post found officers raided the wrong home in twelve separate instances due to incorrect or outdated address information.  Victims of these raids struggled to get compensation for damaged or destroyed property, even when it was clear that police had searched the wrong residence.

The execution of a search warrant can be extremely traumatic and can damage individuals’ residences or property.

Searches can be extremely violent, damage individuals’ residences or property, and cause lasting trauma to people who are subjected to them.  In one search warrant case, police officers believed they were searching the house of a woman arrested for carrying a half-vial of PCP. Instead, they raided the home of a 63-year-old grandmother, pointing a shotgun at her face and ordering her to the floor. In another instance, 20 officers served a warrant at a DC woman’s home after her ex-boyfriend was found to have marijuana during a traffic stop, which is a misdemeanor offense. While searching the home, one officer pointed a gun at the woman’s 11-year-old daughter, who was taking a shower. In 2019, a man was subjected to a search by MPD simply because he was at a friend’s Petworth home watching television when police broke down the door to search for drugs. Despite not having a warrant to search the man, they subjected him to a search that was so painful and invasive that he required medical attention. No drugs were found on the man or in the home.  Echoing the research that shows how traumatizing a police interaction can be, one MPD Commander told the Police Reform Commission that if police came into her house, “I think I would probably pass out…I know that leaves a mark on the person.”

Pursuing drugs and guns on scant evidence, D.C. police sometimes raid wrong homes — terrifying the innocent.

The Washington Post
2016

MPD cannot show whether search warrants issued for drug activity are meant to target violent behavior.

Despite acknowledging the trauma that accompanies police searches, most information about MPD’s use of search warrants remains ambiguous. In a video hearing held by the Police Reform Commission, two senior MPD officials offered the perspective that the reason so many home search warrants were being executed against individuals for drug offenses was because of the broader connection between the illicit drug trade and violent crimes.  In this discussion and subsequent requests, MPD could not provide data showing whether the request for the warrant and the execution for drug offenses were in relation to a violent crime.   In the appendix of the Police Reform Commission reports, there is a list of data points requested of MPD, but which MPD failed to provide, including: “The number of search warrants that were sought, obtained, and executed each year from 2014 to 2019. The locations (in aggregate) of these search warrants for each year. This could be by ward or PSA. Aggregate information on any offenses associated with search warrants by year.” Because this data was not provided and is not publicly available, there is no way to know whether search warrants executed against individuals for drug offenses are connected to violence, demonstrating a lack of transparency surrounding these practices.

Other jurisdictions have prohibited certain types of search warrants and established safeguards on their use.

Some jurisdictions require direct evidence to obtain a warrant to search someone’s home, but others allow warrants to be granted based on an assumption. In Utah, for example, warrants may not be issued solely for the alleged possession of drugs or drug paraphernalia. Other jurisdictions have limitations on the manner in which a warrant can be served. In Maryland, officers must be clearly identifiable and allow a minimum of 20 seconds after announcing themselves before attempting to enter the premises. Also in Maryland, officers are prohibited from using military-style devices when executing a warrant. In contrast, DC law only requires officers to make a ‘reasonable effort’ to state their identity and purpose, a standard that leaves far more room for interpretation. Virginia, Connecticut, Oregon, and Tennessee all prohibit no-knock warrants, whereas DC does not.

Legislation to reform the standard of evidence needed to conduct a search warrant has not been enacted in DC.

In 2016, former DC Councilmembers Grosso and May introduced the Search Warrant Execution Accountability Act of 2016, which would require a stronger standard of evidence for a search warrant to be granted, require officers to conduct due diligence to determine that they are searching the correct residence, and establish a process for victims of ‘wrong house’ raids to receive compensation for destroyed or damaged property. In 2021, the Police Reform Commission recommended that the Council of the District of Columbia reissue and enact this legislation. The Council has yet to do so.

WHERE TO LEARN MORE

Solutions

Consistent with the recommendations of the Police Reform Commission, DC should:

  • Disallow search warrants based solely on drug activity.
  • Prohibit gun-pointing and handcuffing during search warrants unless there is a clear and immediate threat to the safety of officers or others.
  • Use special precautions when children or elderly persons are present:
    • Consider their age and likely location before the search. 
    • Ensure appropriate adult supervision when children are present.
    • Keep elderly residents and children away from the immediate search area.
  • Require a full investigation of warrants served at incorrect addresses.
  • Provide compensation for victims in cases when police search incorrect addresses or damage property.
  • Capture and publicly publish comprehensive data on how search warrants are conducted and their outcomes. 

special thanks

Iris Benson-Sulzer ★ WilmerHale

Last Updated on Oct 13, 2025.

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