What is a valid search warrant based on?

A valid search warrant is rooted in the principle of "oath and affirmation," which means it must be supported by a sworn statement from an officer that establishes probable cause. This requirement ensures that a neutral and detached magistrate can assess the validity of the request for a search warrant, rather than it being based solely on the subjective judgment of a police officer or other factors. The affidavit presented must contain sufficient factual evidence, rather than being based on opinion or assumptions, to justify the intrusion of privacy that a search entails. This process is vital for upholding Fourth Amendment protections against unreasonable searches and seizures, reaffirming the necessity for judicial oversight in law enforcement activities.

While witness testimonies and surveillance footage can support the probable cause required for obtaining a search warrant, they do not, in and of themselves, establish the necessary basis unless formally presented and sworn to as part of the warrant application.