I. The Fourth Amendment of the United States Constitu
tion, apt of being jurisdictional in and of itself,
requires Warrants issued upon probable cause, sup
ported by oath or affirmation, naming the person or
things to be seized. Petitioner has never been ac
cused of a crime that would trigger the Fourth Am
endment requirement for issuance of a warrant for
his arrest, and no testimony was given under oath,
providing the name of the petitioner, nor probable
cause for his arrest.

Whether in the absence of a judicial determina
tion of probable cause the executive branch of the
state government lacks a legal authority to seek a
charging instrument upon a nonexistent offense?

Whether in the absence of a judicial determination of probable cause the executive branch of the state government lacks a legal authority to seek a charging instrument upon a nonexistent offense?