An arrest warrant is a warrant granted by a judge in a court of law to a law enforcement official granting that law enforcement official the right and ability to arrest a person of interest regarding a crime. An arrest warrant is acquired in a court of law by presenting a judge with probable cause for arresting the suspect. If there is any pertinent evidence that can be presented to the judge when requesting an arrest warrant that will speed up the process then it should be disclosed. That is why many officers or prosecutors make sure they have probable cause and at least two pieces of evidence to present to the judge before requesting an arrest warrant. Arrest warrants are most commonly required when a crime is committed out of view of a police officer. If a felony is committed in view of a police officer then an arrest can be made without a warrant.
The arrest warrant has been granted; now what?
Once the arrest warrant is granted by a judge in a court of law, the local law enforcement officials are legally allowed to arrest the person of interest named on the warrant wherever they find that person. This means that the person can be arrested at their place of work, at their residence, after they are pulled over on the road or anywhere else in public.
Once the arrest warrant is granted by a judge in a court of law, the local law enforcement officials are legally allowed to arrest the person of interest named on the warrant wherever they find that person. This means that the person can be arrested at their place of work, at their residence, after they are pulled over on the road or anywhere else in public.
Is an arrest warrant the same thing as a bench warrant?
An arrest warrant and a bench warrant are not one in the same. An arrest warrant is issued by a judge for an arrest of a person that has committed a crime. A bench warrant is issued by a judge for the arrest of a person because they failed to appear at a required court hearing. A bench warrant allows law enforcement officials the ability to arrest the suspect at their residence, their place of work, or anywhere else they are sighted.
An arrest warrant and a bench warrant are not one in the same. An arrest warrant is issued by a judge for an arrest of a person that has committed a crime. A bench warrant is issued by a judge for the arrest of a person because they failed to appear at a required court hearing. A bench warrant allows law enforcement officials the ability to arrest the suspect at their residence, their place of work, or anywhere else they are sighted.
Why has an arrest warrant been issued for me?
There are a variety of different reasons as to why an arrest warrant has been issued:
•Suspect involved in a rape case
•Suspect involved in a murder case
•Suspect involved in a theft case
•Suspect involved in a breaking and entering case
•Suspect involved in an abduction case
•Suspect involved in a smuggling case
•Suspect involved in a grand theft auto case
There are a variety of different reasons as to why an arrest warrant has been issued:
•Suspect involved in a rape case
•Suspect involved in a murder case
•Suspect involved in a theft case
•Suspect involved in a breaking and entering case
•Suspect involved in an abduction case
•Suspect involved in a smuggling case
•Suspect involved in a grand theft auto case
When an arrest warrant is issued, the suspect named on the warrant can be arrested at anytime, anywhere an officer notices them. It doesn’t matter what they are doing at the time. An arrest warrant is not always served by law enforcement officials right away. Outstanding arrest warrants are arrest warrants that have yet to be served by law enforcement officials. There are hundreds of thousands of outstanding arrest warrants across the country today. Los Angeles alone has one million outstanding arrest warrants. New Orleans has 49,000 outstanding arrest warrants and Baltimore, Maryland has 53,000 outstanding arrest warrants.
Can an arrest warrant be issued for me even though I did not commit a crime?
The answer to this question is yes. Why? With the advent of identity theft across the country, thieves are stealing the identities of people without them finding out and then committing serious crimes in their name. Once the crime is committed and the suspect is identified then the arrest warrant can be issued. Sometimes the warrant is issued for the wrong person. The person it is issued for is incorrect because their identity had been stolen and used by someone else. This is tough to avoid. To avoid identity theft and subsequent legal problems because of it, be vigilant.
The answer to this question is yes. Why? With the advent of identity theft across the country, thieves are stealing the identities of people without them finding out and then committing serious crimes in their name. Once the crime is committed and the suspect is identified then the arrest warrant can be issued. Sometimes the warrant is issued for the wrong person. The person it is issued for is incorrect because their identity had been stolen and used by someone else. This is tough to avoid. To avoid identity theft and subsequent legal problems because of it, be vigilant.
When is an Arrest ‘Wrongful?’
An arrest is deemed wrongful when a person is detained and wrongfully convicted by police without proper legal authority. Wrongful arrests most commonly occur when a retail employee or retail owner holds a customer against their will because they have probable cause that the customer committed a crime in their store such as shoplifting. Or, the retailer calls the police and has the police arrest the suspect without any evidence, just on the word of the retail owner or employee. If you or someone you know has been falsely arrested, you may have a potential case.
An arrest is deemed wrongful when a person is detained and wrongfully convicted by police without proper legal authority. Wrongful arrests most commonly occur when a retail employee or retail owner holds a customer against their will because they have probable cause that the customer committed a crime in their store such as shoplifting. Or, the retailer calls the police and has the police arrest the suspect without any evidence, just on the word of the retail owner or employee. If you or someone you know has been falsely arrested, you may have a potential case.
Wrongful arrest also includes:
•Arrest of the wrong person
•Arrest of a person without probable cause that that person committed a crime
•Arrest without the mention of the suspect’s Miranda Rights
•Arrest without just cause
•Arrest with an arrest warrant that was obtained with false information given to the court by a police officer
•Arrest by incompetence
•Arrest for personal gain
•Arrest based on race
•Arrest based on pure malice
Most people that are involved in a wrongful arrest case usually file a lawsuit against the arresting officer, the police department, and the township for damages that include mental distress and embarrassment. The majority of these cases are usually discovered after the fact of the arrest and when the case reaches court.
Can I resist arrest if I feel it is wrongful?
Anyone that is being arrested by a police officer who feels it is wrongful can resist arrest. The person being wrongfully arrested can tell the officer that it is wrongful. Once that statement is made, the officer has to demand that the person present evidence that the arrest if wrongful. If evidence presented proves that the arrest is wrongful then the officer cannot lawfully arrest the person any longer. If no evidence is presented then the person being arrested must cooperate with police entirely. The resistance of arrest cannot be violent or harmful to the officer in anyway.
Anyone that is being arrested by a police officer who feels it is wrongful can resist arrest. The person being wrongfully arrested can tell the officer that it is wrongful. Once that statement is made, the officer has to demand that the person present evidence that the arrest if wrongful. If evidence presented proves that the arrest is wrongful then the officer cannot lawfully arrest the person any longer. If no evidence is presented then the person being arrested must cooperate with police entirely. The resistance of arrest cannot be violent or harmful to the officer in anyway.
Once the arrest has been made, because there was no evidence presented, then the claim can be made again in the presence of a lawyer. Not all courts will allow the suspect to prove their claim because of the fear that the person will flee the area.
How are Americans protected from wrongful arrest?Citizens of the United States are protected from wrongful arrest by the Fourth and Fourteenth Amendments to the Constitution. The Fourth Amendment states that “No Warrants shall issue, but upon probable cause, supported by Oath or affirmation.” The Fourteenth Amendment states that “No person shall be deprived of life, liberty, or property without due process of law.”
I have been wrongfully arrested; what can I sue for?
If a person is wrongfully arrested they can sue for a variety of different damages and wages lost during their period of incarceration:
•Lost wages
•Damage to reputation
•Embarrassment
•Physical harm incurred during or as a result of the wrongful arrest
•Illness incurred during or as a result of the wrongful arrest
•Wrongful death
•Punitive damages
•False imprisonment
•Excessive force
•Malicious prosecution
•Wrongful conviction
If a person is wrongfully arrested they can sue for a variety of different damages and wages lost during their period of incarceration:
•Lost wages
•Damage to reputation
•Embarrassment
•Physical harm incurred during or as a result of the wrongful arrest
•Illness incurred during or as a result of the wrongful arrest
•Wrongful death
•Punitive damages
•False imprisonment
•Excessive force
•Malicious prosecution
•Wrongful conviction
Be advised; if a person that is wrongfully arrested pleads guilty to any of the charges brought against them in a court of law and it is then found that they were wrongfully arrested, that person will have their lawsuit legally thrown out and cannot sue for any of the items mentioned above.
Wrongful arrests happen quite regularly in the United States and are tough to avoid if the person being arrested does not have the proper evidence to prove to the arresting officer that the arrest being made is incorrect.A qualified criminal defense attorney should be consulted if you or someone you know is facing any criminal charges.
Search Warrant Process
A search warrant is a document issued by a court and that court’s judge that authorizes law enforcement officials to search a person or their property for evidence that can help a criminal case and it allows law enforcement officials to seize those items needed for the case. When there is a criminal inquiry, the United States Constitution requires that law enforcement officials obtain a search warrant before conducting any type of search. There is a major exception though: if a suspect flees the scene of a crime or a traffic stop and the officer pursues the suspect; the officer is allowed to enter into any building that the suspect runs into and can do so without a search warrant.
A search warrant is a document issued by a court and that court’s judge that authorizes law enforcement officials to search a person or their property for evidence that can help a criminal case and it allows law enforcement officials to seize those items needed for the case. When there is a criminal inquiry, the United States Constitution requires that law enforcement officials obtain a search warrant before conducting any type of search. There is a major exception though: if a suspect flees the scene of a crime or a traffic stop and the officer pursues the suspect; the officer is allowed to enter into any building that the suspect runs into and can do so without a search warrant.
Search warrants must be specific and reasonable before they are granted by the judge in a court of law.
Some of the specifics they must include are the following:
•If one room of a house is listed on the search warrant than only that room can be searched. If other rooms need to be searched than another warrant must be obtained by law enforcement officials.
•If a vehicle needs to be searched on a property, a separate warrant needs to be obtained for the vehicle.
•If the warrant is not reasonable in fact then a judge will more than likely not grant the warrant to the officials.
•If one room of a house is listed on the search warrant than only that room can be searched. If other rooms need to be searched than another warrant must be obtained by law enforcement officials.
•If a vehicle needs to be searched on a property, a separate warrant needs to be obtained for the vehicle.
•If the warrant is not reasonable in fact then a judge will more than likely not grant the warrant to the officials.
When are search warrants not needed?
Search warrants are not needed when police officers make routine traffic stops on the roads of the United States. When a traffic stop occurs, the officer can conduct a search of the vehicle with probable cause or if illegal items are in plain view of the officer’s vision. The illegal items can be drugs, alcohol, or weapons. Other times when search warrants are not needed are:
•Consent: When a person of interest to a police officer gives that officer consent then a search can be conducted without a warrant. If anything illegal is found on the person or on their property then those items can be confiscated and the person can be arrested.
•Plain View: When illegal items are in plain view of an officer during a traffic stop or during a routine police procedure. Items in plain view can be drugs, weapons, or stolen goods. Plain view only comes into effect when the officer is lawfully on the premises
•Arrest on the roads: During a traffic stop, if a police officer arrests the driver of a vehicle, they are then allowed to search the car and its compartments for contraband and weapons without a search warrant.
•Arrest in a building or residence: When a person is arrested in their house or their office building the officer is allowed to legally search the room that they arrested the suspect in and perform a protective sweep of the building to check if there are other people hiding in the building.
•Public Danger: A search can be conducted without a search warrant when police officers feel that the public is in danger during any emergency situations.
Search warrants are not needed when police officers make routine traffic stops on the roads of the United States. When a traffic stop occurs, the officer can conduct a search of the vehicle with probable cause or if illegal items are in plain view of the officer’s vision. The illegal items can be drugs, alcohol, or weapons. Other times when search warrants are not needed are:
•Consent: When a person of interest to a police officer gives that officer consent then a search can be conducted without a warrant. If anything illegal is found on the person or on their property then those items can be confiscated and the person can be arrested.
•Plain View: When illegal items are in plain view of an officer during a traffic stop or during a routine police procedure. Items in plain view can be drugs, weapons, or stolen goods. Plain view only comes into effect when the officer is lawfully on the premises
•Arrest on the roads: During a traffic stop, if a police officer arrests the driver of a vehicle, they are then allowed to search the car and its compartments for contraband and weapons without a search warrant.
•Arrest in a building or residence: When a person is arrested in their house or their office building the officer is allowed to legally search the room that they arrested the suspect in and perform a protective sweep of the building to check if there are other people hiding in the building.
•Public Danger: A search can be conducted without a search warrant when police officers feel that the public is in danger during any emergency situations.
Search warrants are not that difficult to obtain by law enforcement officials so long as they present enough probable cause to the judge issuing the warrant. If the police are able to present a piece of evidence that supports their request for a search warrant then it makes the decision of the judge much easier when it comes to granting the warrant.
Source: LawFirms.com
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