What is a Probable Cause Affidavit?

• A. An instrument used to establish probable cause for an arrest
• B. A type of protective order
• C. Court order to detain a suspect without charges
• D. A sworn statement by an affiant

Answer: (A)

A Probable Cause Affidavit is the formal document that lays out, under oath, the facts and circumstances that establish probable cause to arrest or search. It’s the instrument law enforcement uses to persuade a judge that there is enough evidence to justify taking action, such as issuing an arrest or search warrant. The affidavit is sworn by the affiant (the officer or witness), and it should include specific details, sources of information, and why those facts amount to probable cause under the law.

This isn’t a protective order, nor the arrest or detention order itself. Those are separate legal tools. While it is a sworn statement, the crucial point is its function: to establish probable cause so authorized action can be taken.