What must a complaint include about the affiant's belief?

What must a complaint include about the affiant's belief?

• A. The affiant's belief need not be stated.
• B. Reason to believe and belief must both be stated.
• C. Only the belief is required, not the reason.
• D. There is no requirement related to belief.

Answer: (B)

A complaint must show both what the affiant believes and why they believe it. The affiant’s belief is their assertion that the offense was committed by the named person, and the reason to believe is the facts and circumstances the affiant cites that support that belief. This combination provides the magistrate with a factual basis to determine probable cause and to proceed with issuing process. For example, the complaint would state the date, time, and place of the alleged offense, the facts observed or learned, and then the affiant’s belief that the person named committed the offense, along with the specific reasons (the facts and circumstances) that justify that belief.

A complaint must show both what the affiant believes and why they believe it. The affiant’s belief is their assertion that the offense was committed by the named person, and the reason to believe is the facts and circumstances the affiant cites that support that belief. This combination provides the magistrate with a factual basis to determine probable cause and to proceed with issuing process. For example, the complaint would state the date, time, and place of the alleged offense, the facts observed or learned, and then the affiant’s belief that the person named committed the offense, along with the specific reasons (the facts and circumstances) that justify that belief.