Who may determine probable cause?

• A. Police officer
• B. Clerk
• C. City council
• D. Judge or magistrate

Answer: (D)

Probable cause is the standard used to decide whether there is enough evidence to take a criminal action, like issuing a warrant or making an arrest. This decision is made by a neutral, not party-involved official who can objectively evaluate the presented facts. A judge or magistrate reviews sworn statements or affidavits from the police and then determines whether those facts amount to probable cause. If so, they can issue a search or arrest warrant or authorize an arrest.

Police officers gather and present the facts and may believe there is probable cause, but they do not unilaterally determine it for formal action. Clerks handle administrative duties, and city councils are legislative bodies with no role in deciding criminal justice procedures.