An arrest warrant is a document issued and signed by a judge. It allows law enforcement officers to arrest whoever is named in the warrant. It also spells out information on the crime that this individual is accused of having committed and specifies how law enforcement officers are allowed to arrest this individual. It may talk about only certain locations or times, for example.
How can an officer obtain an arrest warrant?
Any officer who wants to obtain an arrest warrant must first submit a written affidavit to a judge. This affidavit must contain information on why they have probable cause to believe that a crime has been committed and that this crime was carried out by the person named within. It includes a summary of the evidence that has been gathered by law enforcement which has led them to believe that a criminal investigation is necessary.
What does a judge do with the affidavit?
After receiving the affidavit, the judge will read it and review it. Then, they will decide as to whether probable cause has been established. If the judge considers that the evidence is not strong enough, that it is not convincing or is vague, the warrant will not be signed. It is necessary for the evidence to be enough to establish probable cause for the judge to sign. Once the warrant is signed, the judge is in effect, authorizing law enforcement officers to arrest the person named.
Is an arrest warrant always needed to make an arrest?
Not always. In some cases, an officer can make an arrest without a warrant. This may happen when the crime is committed in front of the arresting officer.
What is a search warrant?
Search warrants also are documents signed by a judge. Yet, in this case, the warrant allows law enforcement officers to conduct a search of a specific location to seize evidence needed for a criminal case.
When a law enforcement officer wants to obtain a search warrant, they must submit an affidavit to a judge in which they explain the reason why they need it. They must convince the judge that probable cause exists for the judge to believe that criminal activity is taking place in a certain location. After reviewing the information within the affidavit, the judge makes the decision to sign it.
As with an arrest warrant, a search warrant will specify where the search can take place and at what time. However, when conducting the search, the law enforcement officers are allowed to take items not listed on the warrant if they believe they are linked to criminal activity.
There are cases when the police will not require a warrant to search your home, such as when you authorize them to enter and conduct the search.
Are you facing criminal charges?
If so, there is no time to waste. You need to consult with a criminal defense attorney who will listen to your case and plan the best strategy for your defense. You need an experienced legal professional who will fight your criminal charges and help protect your freedom. Look for an attorney with the right experience, knowledge, and resources you need to achieve the best possible outcome. Your future may depend on it.
