About Arrest Warrants

Arrest warrants legally authorize the arrest and detention of a suspect. Arrest warrants are written orders issued by neutral and detached judges or magistrates based on probable cause and are generally required when the individual is being arrested in his own home. Arrest warrants are different than search warrants, which allow authorities to enter private property and look for particular items, and bench warrants, which are issued for violating rules of the court.

Fourth Amendment

Under the provisions of the Fourth Amendment, an arrest must be based on probable cause. Probable cause is defined as trustworthy facts or knowledge sufficient for a reasonable person to believe the defendant or suspect has committed or is committing a crime. This information is provided through an affidavit to a neutral and detached magistrate who will issue the arrest warrant. An affidavit is a sworn statement. With respect to arrest warrants, the affidavit is usually prepared by a police officer working on the case.

Considerations

A warrant is generally not required for a physical arrest if the arrest occurs in a public place such as a city park. However, a non-emergency arrest of an individual in his own home requires an arrest warrant.

Stops and Frisks

In some situations, a police officer can stop, detain and question someone without arresting that person or having a warrant. For instance, if a police officer has a reasonable suspicion that criminal activity is afoot and that suspicion is supported by articulate facts, the police officer can stop the suspect and conduct an preliminary investigation to verify his suspicions. If the police officer requests the suspect's name and the suspect does not comply, the police officer can arrest him for noncompliance. Further, after the police officer has stopped a suspect, the police officer might frisk him if the police officer has a reasonable suspicion that the suspect is armed and dangerous.

Road Blocks

Police may stop cars and create road blocks without having a warrant. If a police officer has a reasonable suspicion that a law has been violated, the police officer may stop a car from committing a traffic violation. Police officers can also use this practice as a cover for investigating a suspicious driver.

Additionally, the police may create road blocks as a matter of law enforcement. However, police must stop cars on the basis of a neutral, articulate standard that is designed to serve law enforcement purposes closely related to driving. An example would be placing a road block near an area with many bars and night clubs to check for DUI drivers.

Other Considerations

Incident to a lawful arrest, the police may search a suspect and any areas into which the suspect might reach to obtain weapons or destroy evidence. However, if the arrest is not lawful, the search is also not lawful.