What is the warrant clause?

• A. Warrants may be issued by private individuals
• B. Warrants require only reasonable suspicion
• C. No Warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized
• D. Warrants may be issued without probable cause

Answer: (C)

The warrant clause is the part of the Fourth Amendment that sets the standards for when a search warrant can be issued: it must be based on probable cause, supported by an oath or affirmation, and describe with particularity the place to be searched and the items or persons to be seized. Probable cause means a reasonable belief that evidence, fruits of a crime, or contraband is present in the place to be searched. The requirement for an oath or affirmation ensures that the information backing the warrant is sworn to truth. The particular description prevents broad, open-ended searches by specifying exactly where the search will take place and what will be seized. Warrants are issued by a judge or magistrate, not private individuals. Among the options, the statement that states no warrants shall issue except upon probable cause, supported by oath or affirmation, and particularly describing the place and the items seized best reflects the actual warrant clause. The other choices misstate who may issue warrants, the level of suspicion required, or the necessity of probable cause.