To obtain an arrest warrant, which elements are required?

• A. Probable cause, a judge's signing, and an affidavit
• B. Reasonable suspicion alone
• C. A sworn testimony from a citizen only
• D. A written complaint not needing a judge

Answer: (A)

Arrest warrants are based on a solid factual showing called probable cause, presented in a sworn statement and reviewed by a neutral judge who signs the warrant. Probable cause means the facts and circumstances would lead a reasonable person to believe the suspect committed a crime. The sworn statement, typically an affidavit, lays out the specific facts, sources of information, and how they tie the person to the alleged offense. The judge’s signature provides legal authorization and ensures the request has been independently reviewed.

Reasonable suspicion isn’t enough to justify an arrest warrant. It may justify a stop or investigation, but not a warrant for arrest. A sworn testimony from a citizen alone isn’t sufficient either; there must be a sworn factual basis presented in an affidavit and then evaluated by a judge. A written complaint that doesn’t involve a judge bypasses the necessary judicial review, so it cannot alone obtain an arrest warrant.