Short answer. The judge must first be satisfied that probable cause exists. Rule 126, Section 6 requires the judge to be satisfied of the existence of the facts on which the application is based, or that there is probable cause to believe they exist, before issuing the warrant — and the warrant must substantially follow the prescribed form.
What the law says
If the judge is satisfied of the existence of facts upon which the application is based or that there is probable cause to believe that they exist, he shall issue the warrant, which must be substantially in the form prescribed by these Rules.
Rule 126, Section 6 — Issuance and form of search warrant. Read the full provision →
Satisfaction of probable cause is the precondition
Section 6 conditions issuance of the warrant on the judge's own satisfaction — either that the facts underlying the application actually exist, or that there is probable cause to believe they exist. This is not a rubber-stamp step; the judge has to reach an independent conclusion before signing. This mirrors the constitutional requirement that no search warrant issue except upon probable cause personally determined by the judge after examining the applicant and witnesses.
What follows once the judge is satisfied
Once that satisfaction is reached, the rule says the judge 'shall issue the warrant' — issuance is not discretionary once probable cause has been established. The obligation runs the other way too: without that satisfaction, there is no basis under this section for the warrant to issue at all. Conversely, if the judge is not so satisfied, Section 6 provides no basis for a warrant to be issued at all, regardless of how the application is framed.
The warrant must follow the prescribed form
Section 6 also requires the warrant to be substantially in the form prescribed by the Rules. This formal requirement works alongside the probable cause standard — even a warrant issued on adequate probable cause should still substantially track the prescribed form, keeping the document's structure consistent and reviewable. A warrant that departs substantially from the prescribed form risks challenge on that basis alone, separate from any question about whether probable cause actually existed.
Why this matters for the property owner
Because the judge's satisfaction of probable cause is a precondition to issuance rather than a formality, a warrant issued without that predicate lacks the legal basis Section 6 requires. A property owner confronted with a warrant is not simply expected to take on faith that probable cause existed — the requirement exists precisely so a search cannot proceed on the strength of an applicant's bare assertions alone, and it gives a basis for later questioning whether the judge's own determination was actually made before the warrant issued.