What document forms the basis for a judge issuing an arrest warrant for a Class C misdemeanor?

• A. A sworn complaint or probable cause affidavit
• B. A police report
• C. A search warrant
• D. A summons

Answer: (A)

In arrest warrants, the judge must have a sworn, under-oath statement that shows probable cause the person committed the offense. For a Class C misdemeanor, that basis is a sworn complaint or a probable cause affidavit. This document lays out specific facts and circumstances, sworn to by the person presenting them, so the judge can conclude there’s reasonable grounds to believe the defendant committed the misdemeanor and issue the arrest warrant.

A police report, while it may contain useful information, is not itself sworn under oath and doesn’t automatically establish the formal probable cause needed. A search warrant serves to authorize a search of property, not to arrest a person. A summons is a court notice to appear, not an arrest warrant.