What is the legal requirement for a search warrant?

A search warrant must be based on probable cause, which is a legal standard that requires a reasonable belief, supported by facts, that a crime has been committed, and that evidence related to the crime will be found in the location to be searched. This requirement ensures that law enforcement has sufficient justification to intrude into an individual’s privacy and search their property, thereby balancing the need for effective law enforcement against the right to privacy.

Probable cause is often established through sworn testimony or affidavits that provide factual evidence or information leading a reasonable person to conclude that a crime is occurring or has occurred. This is a crucial element of the Fourth Amendment, which protects citizens from unreasonable searches and seizures.

The other options do not accurately reflect the legal standards required for obtaining a search warrant. For instance, a search warrant is not valid if it is executed immediately upon issuance or based solely on suspicion, as mere suspicion does not meet the probable cause standard necessary for a warrant. Furthermore, a search warrant cannot be issued without judicial approval, as it requires a judge's review of the evidence presented to ensure that there is a legitimate justification for the search.