What constitutes probable cause in the context of a search warrant?

Probable cause in the context of a search warrant is established when there is substantial evidence that criminal activity is present. This means that law enforcement must have factual and specific information that suggests a crime has occurred or is occurring. Substantial evidence can include witness statements, physical evidence, or any documentation that supports the suspicion of illegal activity. It provides a reasonable basis for a judge or magistrate to issue a search warrant, as it indicates that the search is justified and not merely based on conjecture or suspicion.

The concept of probable cause is critical because it serves as a safeguard against unreasonable searches and seizures, thus protecting individuals' rights. This requirement ensures that searches are based on reliable information rather than vague rumors or personal beliefs.