Affidavit of Probable Cause Law & Legal Definition


An affidavit of probable cause is a sworn statement, typically made by a police officer, that outlines the factual justification for why a judge should consent to an arrest or search warrant or why an arrest made during a crime-in-progress was based on solid evidence that the person in custody is the person who is likely to have committed the crime.

The following is an example of a State Statute on Affidavit of Probable Cause:

K.S.A. 22-2302(1)

Issuance of warrant or summons; availability of supporting affidavit or testimony.

(1) If the magistrate finds from the complaint, or from an affidavit or affidavits filed with the complaint or from other evidence, that there is probable cause to believe both that a crime has been committed and that the defendant has committed it, a warrant for the arrest of the defendant shall issue,****