2.00	SUPPLEMENTAL NOTES ON USE TO THE
MACH-CR 2.00 SERIES

I.	MISDEMEANORS FILED BY INFORMATION
Rule 21.01 provides that misdemeanor proceedings shall be initiated by information or indictment.  See MACH-CR 2d 2.11 for the general form for a misdemeanor information.  Few misdemeanor prosecutions commence with the return of an indictment.  See MACH-CR 2d 2.10 for the general form for the indictment.  Consult Chapter 540, RSMo 2016, on grand jury proceedings and section IV below on misdemeanors initiated by indictment.  

A probable cause statement is required to be filed with every misdemeanor information. Rule 21.02.  The probable cause statement should be filed contemporaneously with the misdemeanor information and incorporated in the document.  The probable cause statement must be signed by a person alleging the facts, state that the facts contained therein are true, and state that any false statements made therein are punishable by law.  The statement need not be "verified" or "notarized."  Rule 21.04.  A person who swears falsely on a probable cause statement is subject to a criminal penalty under Section 575.060, RSMo 2016.

A.  Without an Arrest Warrant
Upon the filing of a misdemeanor information, a summons shall issue unless the requirements for the issuance of a warrant described below in paragraph B are met.  Rule 21.03(a).  After the summons issues, the defendant's failure to appear in court may result in the issuance of a warrant.  Rule 21.08.

B.  With an Arrest Warrant
Upon the filing of a misdemeanor information, a summons shall be issued unless the court is convinced that a warrant for an arrest should issue.  The court should not authorize the issuance of an arrest warrant unless the following conditions are met:
	1.	An information has been filed.  Rule 21.01.
	2.	The information must be supported by a statement of probable cause.  Rule 21.02.  See MACH-CR 2d 2.23 for a probable cause statement form; also see Rules 21.03 and 21.04.
	3. 	The court finds there is probable cause to believe a misdemeanor has been committed.  Rule 21.03.
	4. 	Sufficient facts must exist to cause the court to believe that one of two conditions is met:
	a)	There are reasonable grounds to believe that the defendant will not appear upon the summons; or 
	b)	There are reasonable grounds to believe that the defendant poses a danger to a crime victim, the community, or any other person.  Rule 21.03.

MACH-CR 2d 2.11 includes the option of a request for a warrant or a summons in addition to the requirements of an information as stated in Rule 23.01. 

II.	FELONIES INITIATED BY COMPLAINT
Felony proceedings may be initiated by complaint or by indictment.  Rule 22.01.  See MACH-CR 2d 2.22 for the general form for a felony complaint.  See MACH-CR 2d 2.10 for the general form for an indictment.  Consult Chapter 540, RSMo 2016, on grand jury proceedings and section IV below on felonies initiated by indictment.  

A probable cause statement is required to be filed with every felony complaint. Rule 22.02.  The probable cause statement should be filed contemporaneously with the felony complaint and incorporated in the document.  The probable cause statement must be signed by a person alleging the facts, state that the facts contained therein are true, and state that any false statements made therein are punishable by law.  The statement need not be "verified" or "notarized."  Rule 22.03.  A person who swears falsely on a probable cause statement is subject to a criminal penalty under Section 575.060, RSMo 2016.

A.	Without an Arrest Warrant
Upon the filing of a felony complaint and sufficient facts stated to show probable cause that a felony has been committed, a summons shall be issued unless the requirements for the issuance of a warrant described below in paragraph B are met.  Rule 22.04.  After the summons issues, the defendant's failure to appear in court may result in the issuance of a warrant.  Rule 22.06.

	B. 	With an Arrest Warrant
Upon the filing of a felony complaint and sufficient facts stated to show probable cause that a felony has been committed, a summons shall be issued unless the court is convinced that a warrant for an arrest should issue.  The court should not authorize the issuance of an arrest warrant unless the following conditions are met:
	1.	A complaint has been filed.  Rule 22.01.
	2.	The complaint must be supported by a statement of probable cause.  Rule 22.02.  See MACH-CR 2d 2.23 for a probable cause statement form; also see Rules 22.03 and 22.04.
	3.	The court finds there is probable cause to believe 
			a felony has been committed.  Rule 22.04.
	4. 	Sufficient facts must exist to cause the court to believe that one of two conditions is met:
			a) 	There are reasonable grounds to believe that 
the defendant will not appear upon the summons; or 
		b)	There are reasonable grounds to believe that 
the defendant poses a danger to a crime victim, the community, or any other person.  Rule 22.04.

In a felony prosecution that is initiated by a felony complaint, an information may not be filed prior to the preliminary hearing or waiver thereof.  Section 544.250, RSMo 2016.  For a felony prosecution initiated by a complaint, the following forms are required:
	1.	A complaint with a probable cause statement and a request for a warrant or a summons;
	2.	A warrant for arrest or a summons is issued; and
		3.	A felony information filed after a preliminary hearing or waiver thereof, or an indictment returned by the grand jury.   

The description of the felony in the complaint will follow the form for an information.  Rule 22.02 and MACH-CR 2d 2.22.  MACH-CR 2d 2.22 includes the option of a request for a warrant or a summons in addition to the requirements of a complaint as stated in Rule 22.02.

III.		STATEMENT OF PROBABLE CAUSE
Under Rules 21.04 and 22.03, a statement of probable cause must state facts that support a finding of probable cause to believe the accused committed the offense alleged.  Conclusory language is not sufficient to support a finding of probable cause and the issuance of a warrant.  Kalina v. Fletcher, 522 U.S. 118 (1997), and State v. Adams, 791 S.W. 2d 873 (Mo. App. 1990).

For the issuance of a warrant, the determination of probable cause by the court is made by review of the probable cause statement that is filed contemporaneously with the misdemeanor information or the felony complaint.  See MACH-CR 2d 2.11 and 2.22.  This practice is similar to the procedure for obtaining a search warrant.  The statement of facts may be completed by a law enforcement officer or a private citizen.  In some instances, the statement of facts may be supplied by the prosecuting attorney.  Cf.  Kalina v. Fletcher, 522 U.S. 118 (1997), discussing absolute versus qualified immunity for the prosecutor and certain ethical considerations.

The probable cause statement must be signed by a person alleging the facts, state the facts contained therein are true, and state that any false statements made therein are punishable by law.  Rules 21.04 and 22.03.  The statement need not be "verified" or "notarized."  A person who swears falsely on a probable cause statement is subject to criminal penalty under Section 575.060, RSMo 2016.

Under the requirements of the Fourth Amendment, the person signing the probable cause statement must swear to the facts supporting the evidentiary finding of probable cause.  See also Mo. Const. art. I, sec. 15 (1945).  In Kalina v. Fletcher, 522 U.S. 118 (1997), this requirement was satisfied by the filing of an affidavit or sworn testimony under penalties of perjury.

If the evidentiary support for a finding of probable cause is established, then a warrant may issue upon a showing of either of two additional conditions:
		1.	Reasonable grounds to believe the defendant will not respond to a summons, or	
		2.	Reasonable grounds to believe the defendant poses a danger to a crime victim, the community, or any other person.  Rules 21.03 and 22.04.

These additional findings for the issuance of a warrant must be found by the court issuing the warrant.  See MACH-CR 2d 2.11 Notes on Use 4 and MACH-CR 2d 2.22 Notes on Use 3.  

If the court finds that there are reasonable grounds to support either of these additional findings for the issuance of a warrant, it will be noted in the warrant signed by the judge.  A warrant form containing these additional findings is included in Notes on Use 5 to MACH-CR 2d 2.23.

If the offense being described is an offense under Chapter 566 or an offense of domestic assault or stalking and identifying information of the victim is contained in the probable cause statement, the information needs to be redacted prior to disclosure to the public.  Identifying information includes: name, home or temporary address, telephone number, social security number, place of employment, or physical characteristics, including an unobstructed visual image of the victim’s face or body.  See Section 595.226, RSMo 2016.  

IV.	MISDEMEANORS OR FELONIES INITIATED BY INDICTMENT
A misdemeanor or felony charge may also be initiated by the filing of a grand jury indictment.  See Rule 23 and Section 540.240, RSMo 2016.  An indictment is a criminal charge by twelve individuals selected by the presiding judge of the circuit or a judge designated by the presiding judge.  Section 540.021, RSMo 2016.  An indictment can be returned when nine or more grand jurors vote to indict an individual.  Section 540.250, RSMo 2016.  An indictment requires the signature of both the prosecuting attorney and the foreperson of the grand jury.  Rule 23.01.  When an indictment has been returned, either a summons or warrant of arrest may be issued.  Rules 21.03 and 22.04.  See MACH-CR 2d 2.10 for the general form for an indictment.  Consult Chapter 540, RSMo 2016, on grand jury proceedings.