If you were a judge reading a search warrant Affidavit of Probable Cause, under what circumstances would you refuse to sign and issue the search warrant to the investigator?
Under the Fourth Amendment, Americans have the right to avoid improper searches and seizures of property. In order for a search warrant to be issued, there must be probable cause.
Probable cause can be tricky. It is a thin line and easily crossed, so probable cause is easily abused. In order for a judge to grant a warrant based on probable cause, there must a reasonable basis for believing a crime has been committed by a person to be arrested or that evidence of a crime exists at the place to be searched.
reasonable basis for believing that a crime may have been committed (for arrest) and that evidence of the crime is present in the place to be searched (for search). (Cornell University Law School)