Which statement accurately describes the affiant's knowledge requirement when swearing to a complaint?

• A. The affiant must have personal knowledge of the offense.
• B. Personal knowledge is not required of the affiant before swearing to a complaint.
• C. The affiant must be a sworn officer.
• D. The affiant must have witnessed the crime.

Answer: (B)

The key idea is that a complaint sworn under oath can be based on information and belief, not only on the affiant’s personal, firsthand knowledge. The affiant is certifying the truth of the statements, but those statements may come from things the affiant has directly observed or from reports or statements from others (witnesses, records, etc.). As long as there is a reasonable basis for believing the facts, the affiant can swear to the complaint without having personally witnessed every detail.

This is why personal knowledge is not required before swearing to a complaint. The affiant doesn’t have to be a sworn officer, and they don’t have to have witnessed the crime themselves. The important requirement is that there is a credible basis for the facts asserted so the court can determine probable cause.