Which statement about probable cause for warrants or capias is true?

Which statement about probable cause for warrants or capias is true?

• A. Probable cause is required before issuing any warrant or capias.
• B. Probable cause is never required for warrants.
• C. Probable cause is needed only for capias.
• D. Probable cause is determined after the warrant is issued.

Answer: (A)

Probable cause is the reasonable belief, based on facts and circumstances, that a person has committed a crime. For both warrants and capias, this belief must be established before the writ is issued, typically through a sworn statement or affidavit to a judge. This requirement protects people from arbitrary arrests and ensures the court only issues orders when there is legitimate justification to believe a crime has occurred. A capias is a court order to arrest someone to bring them before the court (often when a person fails to appear). Even though it’s issued to secure appearance, it still relies on probable cause or the underlying charge that justifies taking someone into custody. That’s why probable cause isn’t something determined after issuance; it must be present at the time the warrant or capias is issued. So the statement that probable cause is required before issuing any warrant or capias is the correct one.

Probable cause is the reasonable belief, based on facts and circumstances, that a person has committed a crime. For both warrants and capias, this belief must be established before the writ is issued, typically through a sworn statement or affidavit to a judge. This requirement protects people from arbitrary arrests and ensures the court only issues orders when there is legitimate justification to believe a crime has occurred.

A capias is a court order to arrest someone to bring them before the court (often when a person fails to appear). Even though it’s issued to secure appearance, it still relies on probable cause or the underlying charge that justifies taking someone into custody. That’s why probable cause isn’t something determined after issuance; it must be present at the time the warrant or capias is issued.

So the statement that probable cause is required before issuing any warrant or capias is the correct one.