Warrants shall be issued only by a neutral magistrate after a finding of ______, based upon sworn to facts.

• A. Probable Cause
• B. Reasonable Suspicion
• C. Sufficient Evidence
• D. Credible Information

Answer: (A)

Probable cause. For a warrant to be issued, a neutral magistrate must find there is probable cause—a fair probability that evidence or contraband will be found in the place to be searched—based on facts sworn under oath. The sworn facts are typically presented in an affidavit, which binds the officer to truthfulness and gives the magistrate the information needed to judge whether a search is justified.

This standard sits above mere suspicion. Reasonable suspicion can justify brief detentions or stops, but it isn’t enough to authorize a search. The idea of “sufficient evidence” or “credible information” isn’t the formal threshold for issuing a warrant; the decisive standard is probable cause, evaluated through the totality of the circumstances, including the reliability of sources and corroborating corroboration.

So, the warrant process relies on a careful, sworn presentation of facts that create a reasonable basis to believe evidence will be found in the specified location, ensuring searches are grounded in constitutional protections.