What must be present for a valid search warrant in Arkansas?

For a search warrant to be considered valid in Arkansas, it must be based on probable cause that is supported by an affidavit. This means that law enforcement must have enough evidence to demonstrate that there is a reasonable belief that a crime has been committed and that evidence relating to that crime can be found in the location specified in the warrant.

The requirement for an affidavit serves to ensure that there is a formalized basis for the search, which is reviewed by a judge or magistrate. This process is designed to protect individuals' rights against unreasonable searches and seizures, aligning with constitutional safeguards. The affidavit acts as a documented account of the evidence and reasoning behind the request for the warrant, providing a safeguard against arbitrary enforcement of the law.

While reasonable suspicion is a lower standard of proof often used in stops or frisks, it is insufficient for obtaining a search warrant. Written consent allows for a search without the need for a warrant, and witness testimony may be part of the evidence but is not a standalone requirement for a warrant. The emphasis on probable cause supported by an affidavit reflects the legal standards necessary in Arkansas for a search warrant to be issued.