What must be established for a lawful search warrant to be issued?

For a lawful search warrant to be issued, it is essential to establish probable cause supported by an affidavit. Probable cause is a legal standard that requires a reasonable belief, based on factual evidence, that a crime has been committed and that evidence related to that crime will be found in the location specified in the warrant.

The affidavit serves as a written statement made under oath, detailing the facts that lead the law enforcement officer to believe there is probable cause for the search. This document is critical because it provides the judicial authority with the information needed to make an informed decision on whether to grant the warrant. Without this foundational support, the warrant would not meet the legal criteria needed for it to be valid, potentially leading to violations of constitutional rights and the exclusion of any evidence obtained during an unlawful search.

While reasonable suspicion and consent may play roles in other law enforcement contexts, such as stop-and-frisk situations or consent searches respectively, they do not meet the specific legal requirement needed for issuing a search warrant. The presence of a witness is not a requirement for obtaining a search warrant either, as the affidavit itself serves as the formal presentation of evidence to the magistrate or judge.