State Ex Rel. Evanow v. Seraphim

The sole question in this case is whether it appears from the written complaint that there is probable cause to believe that the relator is guilty of burglary. Wisconsin statutory law requires that the complaint itself set forth the grounds for probable cause. This differs from federal court procedures where supporting affidavits may be used for the showing of probable cause.

This does not limit the right of the magistrate to ask questions and receive answers at the hearing before him to satisfy himself that probable cause does exist. However, when the adequacy of the written complaint is…