To obtain a search warrant, an officer must prove to a magistrate or judge that probable cause exists for the proposed search, based upon direct information (i. e. , the officer's personal observation) or other reliable information. An application for a search warrant will often rely upon hearsay information, such as information obtained from a confidential informant, as long as probable cause exists based on the totality of the circumstances. Police can seize both property and persons under a search warrant. The rationale is that evidence police collect without a search warrant may not be sufficient to convict, but may be sufficient to suggest that a warrant would allow police to find enough evidence to convict.
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