Penal Code (PC) Section 832 Starting LDs Practice Exam

Probable cause is the standard required for issuing a warrant. The Fourth Amendment demands that a judge or magistrate determine there is a fair probability that evidence, contraband, or other items connected to a crime will be found in the described place, based on the totality of the circumstances presented in the warrant affidavit. This goes beyond mere suspicion but does not require certainty. The assessment uses the reasonable person standard and may rely on a combination of observations, informant tips, and corroborating facts evaluated together.

Reasonable suspicion, by contrast, is the lower threshold used to justify brief stops or investigatory detentions, not full searches or warrants. The other two standards—preponderance of the evidence and clear and convincing evidence—belong to civil and some specific-criminal contexts, not to the standard for obtaining a warrant.