What is the term for a sworn, written statement by a law enforcement officer that establishes facts for an arrest?

The term "probable cause affidavit" refers to a formal, sworn document prepared by a law enforcement officer that outlines the facts and evidence that justify an arrest. This affidavit serves as the basis for obtaining an arrest warrant or for demonstrating to a magistrate or judge that there is sufficient information to support the arrest. It typically includes a statement of facts known to the officer that leads them to believe that a crime has occurred and that the person named in the affidavit is responsible for that crime.

The probable cause affidavit is crucial in the legal process because it ensures that an individual's rights are protected by requiring a deliberate evaluation of the evidence before an arrest can take place. This document is an essential part of upholding due process within the judicial system.

In contrast, an incident report is a detailed account of an event, including parties involved and actions taken by officers but does not function in the same formal capacity as establishing probable cause for an arrest. A criminal complaint is a formal charge that initiates prosecution after an arrest but does not serve to establish the basis for the arrest itself. Similarly, a witness statement provides testimony or information from a witness about an event but does not carry the same legal weight as a sworn document created by an officer to justify an arrest.