North Carolina Basic Law Enforcement Training (BLET) State Practice Exam

What must be presented before a magistrate when taking out a warrant?

1. Evidence collection plan

2. Facts supporting every element of the criminal offense

3. Witness testimonies

4. Criminal background check

The correct answer is: Facts supporting every element of the criminal offense

The requirement to present facts supporting every element of the criminal offense is essential when taking out a warrant. In order to obtain a warrant, law enforcement must provide a magistrate with a factual basis that establishes probable cause. This involves detailing the circumstances and evidence that suggest a crime has occurred and that the person that the warrant is being issued for is likely involved in that crime. The facts must align with the specific elements that define the criminal offense in question. This allows the magistrate to make an informed decision on whether there is sufficient justification to issue the warrant. Each element of the offense must be substantiated with clear facts to ensure that the warrant is based on a lawful foundation, safeguarding against wrongful accusations and ensuring the protection of individual rights. Other options listed, such as witness testimonies or a criminal background check, do not directly serve the primary legal requirement of showing probable cause through established facts related to the offense being investigated. In contrast, the evidence collection plan does not pertain to what is required to be presented at the time of warrant application. Focus on providing factual support ensures the legality and integrity of the warrant-issuing process.