What must be shown for a search warrant to be considered valid?

For a search warrant to be deemed valid, it is essential that the items sought must be currently present at the location specified in the warrant. This requirement stems from the Fourth Amendment of the U.S. Constitution, which protects individuals against unreasonable searches and seizures. A search warrant must be based on probable cause that the items to be searched for are indeed located at the specified premises at the time of the search.

Probable cause is established through evidence or reliable information that leads law enforcement to believe that the property in question is present and linked to a crime. Without this crucial element of current presence, the validity of the search warrant would be compromised, as law enforcement would have no foundation upon which to justify their intrusion into a person’s privacy.

The other options do not pertain to the fundamental requirements for a valid search warrant. For instance, requiring the property to be vacant during the search is not a standard condition for validity. Also, while it may strengthen the case for obtaining a warrant, personal knowledge of the items by the officer is not a strict requirement; reasonable belief based on reliable sources or articulable facts may suffice. Lastly, a search warrant does not require the signature of the governor; it generally needs to be signed by a judge or magistrate