What must be determined before a warrant of arrest may be issued?

What must be determined before a warrant of arrest may be issued?

• A. A magistrate's recommendation.
• B. A formal complaint filed.
• C. Probable cause upon oath or affirmation.
• D. The defendant's prior conviction.

Answer: (C)

Probable cause upon oath or affirmation is the essential requirement to issue an arrest warrant. This means someone provides a sworn statement outlining facts and circumstances that would lead a reasonable person to believe the suspect committed the offense. The magistrate reviews that sworn information and, if it establishes probable cause, issues the warrant. A formal complaint can start the process, but it is the sworn facts showing probable cause that power the warrant. A magistrate’s recommendation is not the deciding factor, and the defendant’s prior conviction is not needed to establish probable cause for the current arrest.

Probable cause upon oath or affirmation is the essential requirement to issue an arrest warrant. This means someone provides a sworn statement outlining facts and circumstances that would lead a reasonable person to believe the suspect committed the offense. The magistrate reviews that sworn information and, if it establishes probable cause, issues the warrant. A formal complaint can start the process, but it is the sworn facts showing probable cause that power the warrant. A magistrate’s recommendation is not the deciding factor, and the defendant’s prior conviction is not needed to establish probable cause for the current arrest.