Answer :
Final answer:
For a search warrant to be issued based on probable cause, there must be probable cause and a neutral magistrate's approval. The process involves law enforcement presenting evidence to a magistrate, who evaluates if it meets the standard of probable cause for the search.Thus Option d is correct.
Explanation:
The student asked: For a search warrant to be issued on the basis of probable cause, there must be what factors? The correct answer is d) Probable cause and a neutral magistrate's approval. The process requires law enforcement officers to demonstrate to a judge or a neutral magistrate that there is probable cause to believe a crime has been committed or evidence will be found in the place to be searched.
Probable cause is a legal threshold that is higher than reasonable suspicion but lower than the standard of proof required for a criminal conviction. A warrant affidavit, which is a sworn statement by law enforcement, often serves to explain the evidence constituting probable cause. However, the key factor for the issuance of a search warrant is the approval by a neutral magistrate, who evaluates the evidence presented to determine if it meets the standard of probable cause.
It's important to distinguish probable cause from exigent circumstances, in which law enforcement might conduct a search without a warrant due to an immediate danger of evidence being destroyed or a suspect fleeing.
