New York Law (NYLE) Practice Exam

Which statement about search warrants is false?

1. New York and federal law have distinct differences regarding the issuance of a search warrant

2. An application for a search warrant may be verbal or written with sworn allegations of fact

3. A search warrant may be based on reasonable suspicion

4. A search warrant must be executed by the police within ten days

The correct answer is: A search warrant may be based on reasonable suspicion

A search warrant is a legal document authorized by a judge or magistrate that allows law enforcement to search a specific location for evidence of a crime. For a search warrant to be issued, there are strict legal standards that must be met. One key requirement is that the warrant must be based on probable cause, which involves a fair probability that evidence of a crime will be found in the place to be searched. Reasonable suspicion, while a lower standard that can justify other law enforcement actions like stops and frisks, does not meet the threshold necessary for obtaining a search warrant. Therefore, stating that a search warrant may be based on reasonable suspicion is inaccurate because the law requires a higher standard of proof—probable cause. This distinction is crucial in understanding the legal framework governing search warrants and reinforces the difference between varying levels of suspicion in law enforcement practices. The other options correctly reflect the specific legal standards and procedures related to search warrants in both New York law and federal law.