Probable cause must always be in a separate affidavit from a complaint.

• A. True
• B. Only for certain offenses
• C. It must be in a separate filing, but not always
• D. False

Answer: (D)

Probable cause must be supported by an oath or affirmation, but there is no rule that this support has to be provided in a separate affidavit from the complaint. The facts establishing probable cause can appear in the complaint (or information) itself, or they can be set out in a separate affidavit attached to the warrant. What matters is the sworn factual basis that shows probable cause, not whether the documents are filed separately. So the statement is false. In practice, you may see a separate affidavit attached to a warrant, but that separation isn’t a constitutional requirement; the important point is having a sworn, factual basis for probable cause.