Arrest Warrant

An arrest warrant is an official document that a judge issues the police allowing them to arrest a person for a crime. A judge will issue an arrest warrant when the police are able to provide evidence that a crime occurred and show probable cause, or reason to suspect, that the person they wish to arrest was involved in the crime. An arrest warrant will name the specific person that is to be arrested and does not authorize the arrest of parties unnamed.

An arrest warrant is not required in many cases. When the police have probable cause to believe that a person has committed a crime, they can make an arrest without an arrest warrant. There is one major exception to this rule. The police cannot arrest a person in their own home or private residence without an arrest warrant. Amendment five of the constitution states that citizens shall be protected against unreasonable search and seizure. This protection extends to the right of persons not to be arrested in their home or privacy without an arrest warrant.

There are cases where it is lawful for the police to enter a private residence to make an arrest without an arrest warrant. When the police are in hot pursuit of an individual they suspect has committed a crime and that person enters a private residence, the police have a right to enter and make an arrest without an arrest warrant. Police can also make an arrest without an arrest warrant to protect others from immediate danger, to prevent the eminent destruction of evidence, or when contraband is in plain view. People can also be arrested without an arrest warrant for a variety of traffic related offenses.

When an arrest warrant is required to make an arrest, the arresting officers must tell you that they are acting under the authority of an arrest warrant. They must show the arrest warrant to the person at the time of arrest or shortly thereafter. The only time an officer does not need to show proof of an arrest warrant is when they reasonably believe that doing so would threaten their safety, the integrity of evidence, or cause the suspect to flee.

When the police have obtained an arrest warrant they have been given the authority to enter a private residence and arrest a specific suspect. When a person is legally arrested, the police have the right to conduct a search of the person and his/her immediate area. Police must conduct all searches in good faith and in compliance with legal provisions.

When an arrest is made unlawfully -because officers lack an arrest warrant, violate search laws, or act in bad faith- incrtheiminating evidence gared may later be deemed inadmissible in a court of law. This can be a tricky area of law that is best evaluated by a legal professional.

If you or a loved one has been arrested -with or without arrest warrant involvement- you may wish to contact a qualified and experienced legal attorney who can evaluate your case to determine your legal rights and options. Please contact us to speak with a competent and knowledgeable attorney who can protect and maximize your legal interests.