What do peace officers need to establish probable cause for a search warrant?

To establish probable cause for a search warrant, peace officers must demonstrate a fair probability based on specific facts that a crime has been committed and that evidence related to that crime can be found at the location to be searched. This requirement ensures that there is a reasonable basis for believing that the area to be searched contains evidence relevant to a crime, rather than relying on mere suspicion or assumptions.

Probable cause is grounded in factual evidence, which may include observations made by the officer, information obtained from informants, or other pertinent data collected during an investigation. The threshold for determining probable cause is purposefully set to be lower than that required for a conviction but higher than mere speculation. This standard helps protect individual rights while allowing law enforcement to perform their duties effectively.

The other options do not meet the legal requirements for probable cause. A verbal agreement from the suspect does not provide objective facts necessary for establishing probable cause. A surveillance report from a year prior may or may not still be relevant, and often lacks the immediacy required for showing current circumstances. Similarly, a witness willing to testify is valuable but does not alone establish probable cause unless their testimony is supported by specific facts that affirm the presence of evidence at the searched location.