What must an officer demonstrate to ensure lawful search and seizure?

For a search and seizure to be deemed lawful, the officer must demonstrate clear and articulated probable cause. Probable cause refers to the reasonable belief, based on factual evidence, that a crime has been committed or that evidence of a crime will be found in the location to be searched. This standard is rooted in the Fourth Amendment of the United States Constitution, which protects citizens from unreasonable searches and seizures.

When an officer articulates probable cause, it strengthens the legality of their actions and ensures that the search or seizure is justified. This means that the officer must be able to explain the reasons and circumstances that led them to believe that evidence or a suspect is present at a particular location.

The other options do not adequately satisfy the requirement for lawful search and seizure. The presence of a witness, for instance, may be helpful, but it is not a legal requirement to justify a search. Officer's supervisory approval can be beneficial for procedural purposes but does not alone establish probable cause. Similarly, a written declaration, while it might serve as documentation, does not replace the need for a solid basis of probable cause to validate the search or seizure. Thus, the emphasis on clear and articulated probable cause ensures that individual rights are upheld while allowing law enforcement to perform their duties