What is an affidavit of probable cause?
An affidavit of probable cause is a written document submitted by the police to a judge in support of their request for an arrest or search warrant.FunctionBefore a judge will sign an arrest or search warrant, the police must demonstrate to his satisfaction that probable cause exists to authorize either the arrest or searching the premises of an individual.IdentificationProbable cause is defined as those facts that would lead a reasonable person to conclude that a crime has been or is in the process of being committed.Constitutional RequirementThe requirement of probable cause is derived from the Fourth Amendment of the U.S. Constitution, which prohibits unreasonable searches and seizures.FeaturesThe statements contained in the affidavit are made under oath by a person with sufficient personal knowledge of the facts and circumstances that would support a finding that probable cause exists to either make an arrest or to search the premises of the suspect.Supreme Court RulingIn the 1983
