Legal Question in Criminal Law in Arizona

Re: Probable Cause for a Search Warrant

Pursuant to Arizona law the absolute answer is no. To contest a search warrant prior to being charged one can move to controvert the search warrant. Additionally search warrants have to be checked pursuant to Deleware v. Franks. Search warrants have to be issued on probable cause. Justice Court or inferior court magistrates tend to be rubber stamps for the police unless you do something about it.

Re: Probable Cause for a Search Warrant

The responses from Messrs. Lazell and Miller are correct but not as clear as they might be. The answer to your question is no -- physical evidence is not necessary. There must be evidence of some sort, but it can be in the form of a statement by a witness.

Re: Probable Cause for a Search Warrant

The simple answer - "maybe". Probable cause is defined as "a reasonable, articulable suspicion that criminal activity is occurring, or has occurred", and that can be anything from an informant to a smoking gun. In the general sense, any documents or testimony from a witness is "evidence", but even a suspicion unsubstantiated by direct evidence can be sufficient for a search warrant.