Which of the following is NOT a ground for a search warrant?

• A. Where property is owned by a private individual for personal use
• B. Where property was stolen or embezzled
• C. Where property is in the possession of any person with the intent to use it as a means of committing a public offense
• D. Where property is used by means of committing a felony

Answer: (A)

Grounds for a search warrant hinge on probable cause that evidence of a crime, contraband, or an instrumentality of a crime is at a specific location. Simply showing that property is owned by a private individual for personal use does not link that location to criminal activity or to items to be seized. Ownership for personal use doesn’t indicate evidence of a crime is present, which is what a warrant must be based on.

In contrast, if the property is described as stolen or embezzled, there’s a crime connection that justifies searching for possibly recovered stolen items. If someone has the property with the intent to use it to commit a public offense, or if the property is itself used to commit a felony, that property functions as an instrumentality of crime, which provides the probable cause needed to search for and seize it.