“The question is, what authority has the jailer to detain him? To ascertain this we must look at the warrant of commitment only. It is that only which can justify his detention. That warrant states no offense. It does not allege that he was convicted of any crime. It states merely that he had been brought before a meeting of many Justices, who had required him to find sureties for his good behavior. It does not charge of their own knowledge or suspicion, or upon the oath of any person whomsoever… The judges of this court unanimously of opinion that the warrant of commitment was illegal for want of stating some good cause certain, supported by oath.” Chief Justice Marshall, Ex parte Burford 3 Cranch, 448.
“That where a warrant cannot legally issue without oath, but is so issued, all the parties concerned in the arrest under such process are trespassers.” Gold v. Bissell, 1 Wendell, 218.
The judicial officer must exercise his or her own judgment and not act on the judgment of the accuser, and probable cause does not exist for the issuance of a warrant unless the judicial officer is convinced from the complaint that there is reasonable ground to suspect that the accused is guilty of the offense. People v. Greer, 91 Ill. App.3d 304 (1980).
