Which statement about who determines probable cause is true?

• A. Clerks may determine probable cause in some instances.
• B. Only judges may determine probable cause.
• C. Probable cause cannot be determined by any court official.
• D. A jury determines probable cause.

Answer: (B)

Probable cause determinations for issuing warrants are made by a neutral judge or magistrate. When law enforcement seeks a warrant, they present sworn facts in an affidavit, and the judge or magistrate reviews those facts to decide whether they amount to probable cause—that is, a reasonable belief that a crime has occurred and that evidence of the crime is at the location to be searched or that a person to be arrested is involved. Clerks handle paperwork and processing, not judicial decisions, so they don’t determine probable cause. A jury’s role is to decide guilt or innocence at trial; they do not determine probable cause for a warrant in the typical arrest or search process (though in some systems a grand jury may consider probable cause to indict, that is a different step and not about issuing a warrant). The upshot is that the authority to determine probable cause lies with the judge or magistrate, making the statement true.