What legal standard must police meet to obtain a search warrant?

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To obtain a search warrant, law enforcement must establish probable cause. This means that there must be a reasonable belief, based on facts or evidence, that a crime has been committed and that evidence related to the crime can be found in the specific location to be searched. Probable cause requires more than just a mere hunch or unparticular suspicion; it is rooted in factual data or reliable information that would lead a reasonable person to conclude that a search would likely uncover evidence of criminal activity. This standard strikes a balance between the rights of individuals and the need for police to investigate crime effectively.

In contrast, reasonable suspicion is a lower standard used primarily for initial stops and brief detentions and does not suffice for obtaining a search warrant. Preponderance of evidence is a civil standard of proof often used in lawsuits and is not applicable in the criminal context for securing search warrants. Beyond a reasonable doubt is the highest standard of proof and is reserved for criminal trials where the prosecution must establish the defendant's guilt, not for the issuance of search warrants.

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