What is an affiant?

• A. A Person Who Has Reason To Believe That A Person Committed An Offense And Swears To A Complaint
• B. A Police Officer Who Writes A Report
• C. A Judge Who Issues A Warrant
• D. A Defendant In A Criminal Case

Answer: (A)

An affiant is the person who makes a sworn, written statement—an affidavit or sworn complaint—presenting facts that support a belief that a crime has occurred and that another person committed it. This oath is taken before a magistrate, and the statements are used to establish probable cause for arrest or for issuing a warrant. The essential point is the sworn nature of the statement: the affiant commits to the truth of the facts under oath, which is what gives the document its legal weight.

This role is not about writing a routine police report, which documents observed facts but isn’t necessarily sworn under oath. It’s also not the judge who reviews and issues warrants, and not the defendant who is accused. The affiant can be a law enforcement officer or a private citizen, as long as they have information or beliefs about the facts and take the oath affirming their truth.