A sworn complaint based on probable cause or a probable cause affidavit must be on file with the court before a warrant may be issued.

A sworn complaint based on probable cause or a probable cause affidavit must be on file with the court before a warrant may be issued.

• A. True
• B. False
• C. Only if the warrant is for arrest
• D. Only for felony warrants

Answer: (A)

Probable cause must be presented in a sworn, written statement that is filed with the court before a warrant may be issued. This document—whether a sworn complaint or a probable cause affidavit—gives the magistrate the factual basis to determine that probable cause exists to believe the crime was committed and the person named is responsible. The magistrate reviews the sworn statements, and if probable cause is shown, an arrest or search warrant is issued. This requirement protects due process by ensuring warrants aren’t issued on rumor or unverified tips. Without an on-file, sworn statement showing probable cause, a warrant cannot be issued.

Probable cause must be presented in a sworn, written statement that is filed with the court before a warrant may be issued. This document—whether a sworn complaint or a probable cause affidavit—gives the magistrate the factual basis to determine that probable cause exists to believe the crime was committed and the person named is responsible. The magistrate reviews the sworn statements, and if probable cause is shown, an arrest or search warrant is issued. This requirement protects due process by ensuring warrants aren’t issued on rumor or unverified tips. Without an on-file, sworn statement showing probable cause, a warrant cannot be issued.