Under most domestic search warrants, what legal standard must be established before a warrant will be issued?
A.Certiorari
B. Reasonable cause
C. Reasonable suspicion
D. Probable cause
im confused between C and D
I think it's D.
The legal standard that must be established before a warrant will be issued under most domestic search warrants is D. Probable cause.
Now, let me explain what probable cause means and how it differs from reasonable suspicion (option C).
Probable cause is a higher standard than reasonable suspicion. It refers to the level of belief or evidence that would lead a reasonable person to believe that a crime has been committed or that there is evidence of a crime at a specific location. It requires more than just a hunch or a general suspicion.
When law enforcement seeks a search warrant, they must present information to a judge or magistrate that establishes probable cause. This information typically includes facts, circumstances, or evidence that support the belief that a search will lead to the discovery of evidence of a crime. If the judge or magistrate finds that there is probable cause, they will issue the warrant, authorizing law enforcement to search the specified location.
On the other hand, reasonable suspicion (option C) is a lower standard and is used in situations where there is less evidence or a lower level of belief than probable cause. Reasonable suspicion is needed for certain types of police interactions, such as a brief stop or detention. It requires specific facts or observations that lead an officer to believe that a person is engaged in criminal activity or is about to commit a crime.
In summary, under most domestic search warrants, probable cause is the legal standard that must be established before a warrant will be issued, not reasonable suspicion.