How to Support Probable Cause for a Search Warrant
In order to obtain a search warrant, a law enforcement official will need to present an argument for probable cause to a judge. Probable cause can be established in a number of ways, such as hearsay (where testimony from a witness can be given to the judge) or personal observations from the officer that a crime has been committed.
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Instructions
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Support probable cause for a search warrant by producing a witness who can verify a law enforcement officer's claim that a crime may have been committed. While this witness may have to speak with a judge directly, in many cases a phone call may suffice. This is especially true in cases of exigent circumstance, where expediency is required to avoid the destruction of evidence.
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Obtain a search warrant by having a law enforcement officer give direct testimony to the judge about the crime that has been committed. In many cases, an officer may have probable cause after seeing something suspicious, but lacks the evidence to make the search without a warrant. In order to persuade the judge, a distinction must be made between the likelihood of direct evidence and a mere hunch.
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Support probable cause by limiting the scope of the search warrant to certain areas or certain individuals. The search warrant may also limit the types of property that can be seized during the search. Such specificity may convince the judge that the law enforcement officers have already built a strong case against the suspects and that probable cause exists.
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Avoid using rumors, suspicions or anonymous tips to support probable cause when trying to obtain a search warrant from a judge. Legal decisions concerning probable cause are based upon the "totality of the circumstances," meaning that more than one reasonable and reliable condition must be in place before suspicion turns into probability.
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Use the results from a successful search and seizure to build a case for more search warrants. Probable cause can be supported more easily as each search produces reliable evidence. Once evidence is gathered legally, the scope of another warrant may be even broader.
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Tips & Warnings
When hearsay is produced to support probable cause for a search warrant, the source must be considered reliable, and further evidence may be required by the judge before the warrant is issued.
