Who is the initial person to decide whether an officer has probable cause to request a warrant?

Question

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The initial person who decides whether an officer has probable cause to request a warrant is the judge or magistrate who issues the warrant. They will review the evidence presented by the officer to determine if it meets the legal standard for probable cause. Once the warrant is issued, it can be executed by the officer. The trial judge, appellate court judge, and state supreme court justice may review the validity of the warrant later on, but the initial decision-making authority lies with the issuing judge or magistrate.

Who Is the Initial Person to Decide Whether an Officer