When comparing warrantless searches to searches with a warrant, what is true about probable cause?

When it comes to the concept of probable cause (PC) in relation to searches, both warrantless searches and searches conducted with a warrant require the same standard of probable cause. This means that law enforcement must have a reasonable belief, based on factual circumstances, that a crime has been committed and that evidence relating to that crime can be found in the place they intend to search.

In the case of searches with a warrant, law enforcement is required to present sufficient evidence to a judicial officer, who then determines if probable cause exists to issue the warrant. However, even in circumstances where a warrant is not obtained, law enforcement must still possess probable cause to justify the reasonableness of the search.

Therefore, the key takeaway is that while the processes may differ—one involving a warrant and the other possibly falling under an exception to the warrant requirement—the core principle of establishing probable cause remains consistent across both situations.