NewsNation

Difference between a warrant, affidavit and property receipt

(NewsNation) — Following the release of documents showing federal agents believed former President Donald Trump violated the Espionage Act when they obtained and executed a search warrant on his Mar-a-Lago estate, many without legal backgrounds are left scratching their heads in confusion.

Tracy Walder, a former CIA officer and FBI special agent, joined NewsNation’s “Rush Hour” to explain the differences between a search warrant, an affidavit and a property receipt.


Search warrant

“With a warrant, simply what they have is something that has been issued by a judge, and they are able to go into the home and seize the items that the judge has given them permission to seize,” she said.

Affidavit 

“The affidavit is going to be that probable cause they have gained in order to be able to receive that warrant that is given to a judge.”

Property receipt

“A property receipt is something that you leave when you leave whatever the place is that you have served that warrant at. It is generally a list of items that were taken. In this case, obviously, it’s broad because some of those items were classified.”