Which statement about complaints and warrants is correct?

Which statement about complaints and warrants is correct?

• A. It is sufficient for a warrant that the complaint's allegations are merely general.
• B. A warrant can be issued if the judge believes the defendant is dangerous, without probable cause in the complaint.
• C. A complaint is not sufficient to issue a warrant unless it contains probable cause.
• D. A capias can be issued without probable cause if the defendant fails to appear previously.

Answer: (C)

The key idea is that a warrant can only be issued when there is probable cause, and a sworn complaint must contain facts that establish that probable cause. General or vague allegations don’t meet this standard. Probable cause means a reasonable belief that the person committed the offense, based on specific facts and circumstances described in the complaint and supported by oath or affirmation. If the complaint only says the person is “dangerous,” that does not show the person committed a crime, so it wouldn’t justify issuing a warrant. The complaint must tie the defendant to a particular crime with enough detail to convince a reasonable officer or judge that probable cause exists. Capiases aren’t an exception to this rule; they’re issued to compel appearance based on a court order or an outstanding warrant, which themselves must be grounded in probable cause. So a capias issued merely because someone failed to appear does not override the need for probable cause in the underlying basis for arrest.

The key idea is that a warrant can only be issued when there is probable cause, and a sworn complaint must contain facts that establish that probable cause. General or vague allegations don’t meet this standard. Probable cause means a reasonable belief that the person committed the offense, based on specific facts and circumstances described in the complaint and supported by oath or affirmation. If the complaint only says the person is “dangerous,” that does not show the person committed a crime, so it wouldn’t justify issuing a warrant. The complaint must tie the defendant to a particular crime with enough detail to convince a reasonable officer or judge that probable cause exists.

Capiases aren’t an exception to this rule; they’re issued to compel appearance based on a court order or an outstanding warrant, which themselves must be grounded in probable cause. So a capias issued merely because someone failed to appear does not override the need for probable cause in the underlying basis for arrest.