What is the warrant clause?

• A. Warrants may be issued without probable cause
• B. Warrants require only probable cause
• C. Warrants must be supported by oath or affirmation but do not need to describe the place
• D. Warrants shall not issue without probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized

Answer: (D)

The warrant clause requires that searches be carefully limited and justified. A valid warrant must rest on probable cause, be supported by an oath or affirmation, and specifically describe the place to be searched and the items or persons to be seized. This combination ensures there’s a sound, sworn justification reviewed by a judge and that the search scope is tightly limited to what is described, preventing broad or fishing expeditions.

If a warrant lacks probable cause, or lacks the sworn statement, or fails to describe precisely where the search will occur and what can be seized, it doesn’t meet the protection the clause intends. That is why the statement describing all three elements—probable cause, oath or affirmation, and particular description of place and items or persons—best captures the warrant clause.