How Does an Arrest Warrant Work?

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Arrest warrants are issued by a judge in a court of law. The warrant is given to a law enforcement official, which allows the officer to arrest the person listed on the arrant

The judge issuing the warrant must have probable cause before creating the warrant or having someone arrested. If there is any evidence that can be prevented when requesting the warrant, it will help to speed up the process significantly. This is why so many prosecutors and/or police officers ensure they have both probable cause and two pieces of concrete evidence to present to the judge before they request an arrest warrant.

Usually, arrest warrants are required if a crime has been committed out of view of law enforcement. If someone commits a felony in view of an officer, an arrest can be made with no warrant needed.

What Happens After the Arrest Warrant Is Issued?

After the arrest warrant has been issued, a police officer is legally allowed to arrest the person named on the warrant when that person is located. What this means is that the person can be arrested at work, at home, or in any public location.

Arrest Warrants vs. Bench Warrants

There are some people who believe that arrest warrants and bench warrants are the same things. However, they are not. It’s important to understand the difference between these.

Arrest warrants are issued by a judge. They are used for individuals who have committed a crime.

Bench warrants are issued by a judge to arrest someone who failed to show up to a mandatory court hearing. With the bench warrant, law enforcement officials can arrest the named person in any location.

What Can and Can’t Be Done by Police with an Arrest Warrant?

If a police officer has a warrant for your arrest, they have the right to arrest and detail the person listed. Police may also conduct a search during the arrest. This means they can search your person and the direct area where you were arrested.

Police who have a warrant for your arrest is limited regarding what they can do. They are not allowed to search your vehicle, home, or another location that isn’t in plain view. Keep in mind, the arrest warrant and the search warrant are two different things. If a police officer asks to search a location that is not in plain view during your arrest, you have the right to say no.

Understanding the Arrest Warrant and What it Means

Understanding what an arrest warrant is and what it means is the best way to ensure that you know what to do if you ever find yourself in this situation. You have rights, so be sure to keep that in mind.

To find more helpful and informative resources regarding your rights and an array of other topics, visit our blog.

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