A judge does not need probable cause to issue a capias.

• A. True
• B. Only in certain cases
• C. It depends on the officer
• D. False

Answer: (D)

Probable cause is the reasonable belief, based on facts, that a person committed a crime or violated a court order. A capias is an arrest order issued to bring someone before the court, usually because they failed to appear or to comply with a court directive. Because an arrest warrant should be grounded in probable cause, a judge must have such cause (or the equivalent evidence in the court record) before issuing a capias. Therefore, saying a judge does not need probable cause is not correct. The other choices suggest unusual or case-specific exceptions that don’t apply to the general requirement; the standard rule is that probable cause is needed.