Difference Between a Search Warrant and an Arrest Warrant
In America there are different ways that law enforcement will conduct searches or make arrests. To fully understand your rights, you must know the difference between a search warrant and an arrest warrant.
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Search Warrant Features
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A search warrant gives law enforcement the legal authority to search the property or person suspected of committing a crime. Any evidence obtained during the search will be used to prosecute such persons for various criminal offenses.
Probable Cause
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To obtain a search warrant, law enforcement must first establish probable cause. This is where they will submit evidence and affidavits supporting the belief that a crime is being committed, with a search being necessary to uncover evidence. If a judge agrees, a search warrant is issued to police.
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Considerations
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There are some instances in which a search warrant is not required, such as for those areas which could be within in a suspect's immediate control, automobiles and public areas (such as checkpoints or borders).
Arrest Warrant Features
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An arrest warrant is when a warrant is issued for someone's arrest because there is evidence to support the filing of criminal charges. This authorizes law enforcement to arrest and detain the individuals named in the warrant.
Affidavit
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For an arrest warrant to be issued there must be either a sworn affidavit showing that a crime has been committed or it was discovered that a particular person/persons committed a crime.
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