What is required for issuing a search warrant?

Issuing a search warrant requires probable cause and a written order by a judge because these are fundamental legal standards set by the Fourth Amendment of the U.S. Constitution. Probable cause means that there must be sufficient evidence or reasonable belief that a crime has been committed and that evidence related to that crime can be found at the location to be searched. This requirement protects individuals from unreasonable searches and ensures that law enforcement authorities have a justifiable basis for infringing on a person's privacy.

The written order from a judge is critical as it serves as an official authorization for law enforcement to conduct the search. This judicial oversight is designed to balance law enforcement needs with individual rights, providing a check against arbitrary or excessive actions by police. Without this judicial approval, any search conducted could be deemed unlawful and any evidence obtained may be excluded from court proceedings, impacting the prosecution's case significantly.