Is it true or false that a search warrant must have probable cause supported by oath or affirmation?

Study for the Texas Code of Criminal Procedure Test. Access flashcards and multiple-choice questions with hints and explanations. Prepare effectively for your exam!

A search warrant must indeed be based on probable cause that is supported by an oath or affirmation. This requirement comes from both the Fourth Amendment of the U.S. Constitution and Texas law, which emphasize the protection of individuals against unreasonable searches and seizures. The concept of probable cause means that there must be a reasonable basis for believing that a crime has been committed or that evidence of a crime can be found in the place to be searched.

The necessity of an oath or affirmation reinforces the seriousness and the necessity of the claims being made to the issuing authority, typically a judge or magistrate. This process serves as a safeguard against arbitrary or unjustified intrusions into an individual's privacy. The facts presented to support the issuance of a search warrant must be credible and verifiable, thereby ensuring that law enforcement actions are grounded in lawfully obtained evidence and solid information.

To clarify the context regarding the other options: the requirement is not conditional or dependent on the type of offense or specific circumstances; it is a universal standard that must be met when seeking a search warrant.

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