What is an Arrest Warrant?
An arrest warrant is an official document issued by a judge or magistrate on behalf of the state which authorizes the arrest of suspected criminals, or in some cases, the seizure of an individual’s property. This authorizes police authorities to take individuals into custody wherein they will be held until they are brought to trial for their crime.
What does an arrest warrant contain?
An arrest warrant contains the details of a suspected criminal’s crime and the details in which a suspected criminal will be arrested. An arrest warrant identifies and defines the crime the individual is allegedly accused of doing. This includes the time when the individual can be arrested (e.g. a suspect can be arrested only between the hours of 7 a.m to 7 p.m.). An arrest warrant also includes the details of the bail that a defendant must post in order to regain freedom after the arrest.
How is an arrest warrant obtained?
Police authorities submit a written affidavit to a judge or a magistrate in order to obtain an arrest warrant for a suspected criminal. This written affidavit must recount sufficient factual information on the suspected criminal for it to establish necessary probable cause. This means that broad, general descriptions of a person that could apply to hundred others will not be sufficient in establishing probable cause.
What are the specifications of an arrest warrant?
An arrest warrant must satisfy certain specifications in order for it to be a valid warrant for arrest.
- An arrest warrant must have the individual’s name.
- An arrest warrant must have the description of the crime the individual is allegedly suspected of doing.
- An arrest warrant must require that an individual be arrested and brought before a judge or a judge.
- An arrest warrant must have the valid signature of the judge or magistrate who issued the arrest warrant.
When arrest warrants do have factual mistakes, the person being suspected can prove that the warrant does not apply to them and shows, in fact, another person. This prevents the police officer from proceeding in the facilitation of the arrest.