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?

QUESTION PRESENTED I. The Fourth Amendment of the United States Constitution, apt of being jurisdictional in and of itself, requires Warrants issued upon probable cause, supported by oath or affirmation, naming the person or things to be seized. Petitioner has never been accused of a crime that would trigger the Fourth Amendment 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 determination of probable cause the executive branch of the state government lacks a legal authority to seek a charging instrument upon a nonexistent offense? -i