Which statement about who determines probable cause is true?

Which statement about who determines probable cause is true?

• A. Clerks may determine probable cause in some instances.
• B. Only judges may determine probable cause.
• C. Probable cause is determined by the defendant's attorney.
• D. Probable cause is not required to issue a warrant.

Answer: (B)

Probable cause to issue a warrant is determined by a neutral decision-maker—usually a judge or magistrate—after reviewing the officer’s sworn facts. The officer presents an affidavit outlining the evidence and why a crime is believed to have occurred and why evidence or the person is likely to be found at the location or with the person to be searched. The magistrate or judge assesses whether those facts amount to probable cause, and only then may a warrant or arrest authorization be issued. Clerks handle the paperwork and do not decide on probable cause, and the defendant’s attorney may challenge the probable-cause showing in court, but does not determine it. Also, a warrant requires probable cause; saying otherwise would be incorrect.

Probable cause to issue a warrant is determined by a neutral decision-maker—usually a judge or magistrate—after reviewing the officer’s sworn facts. The officer presents an affidavit outlining the evidence and why a crime is believed to have occurred and why evidence or the person is likely to be found at the location or with the person to be searched. The magistrate or judge assesses whether those facts amount to probable cause, and only then may a warrant or arrest authorization be issued. Clerks handle the paperwork and do not decide on probable cause, and the defendant’s attorney may challenge the probable-cause showing in court, but does not determine it. Also, a warrant requires probable cause; saying otherwise would be incorrect.