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Warrant
Warrant is written order signed by Judge and authorises police to conduct searches, seizes and arrests. Judge may issue only search Warrant when there is probable cause, Police will find evidence of criminal activity during search.
Judge may issue only Arrest Warrant when there is probable cause to believe that person listed in warrant, is engaged or has engaged in criminal activity.
Purpose of Search Warrant: It allows police to find evidence during search of person named in warrant when there is reasonable cause to find out.
Search Warrant also allows police to search out accused in order to arrest him/her.
The scope of Search Warrant is limited to what evidence and location are named in Warrant.
Purpose of Arrest Warrant: Police must believe that person named in Warrant is engaged or planning to engage or has engaged in crime. Person may be specific individual when Police do not know identity then Warrant must describe how Individual looks like e.g. Hair, tall, beard etc.
Once Police have warrant , They may locate and seize. Arrest Warrant is act of seizure of person. Once Arrest is made , Police may search person So Its " Incident to lawful arrest" and " Arrest Search".
Commons between Arrest and Search Warrant: Arrest and Search Warrant require probable cause ( plausible) means reasonable cause to believe that person named in Warrant is committed or has committed to crime.
There may be evidence of criminal activity. Both warrants are named in particular locations.
Both warrants are signed by neutral individual either magistrate or judge.Both Warrants must be executed reasonably.
If Police search entire home &outside area , search warrant has been executed unreasonably. Fourth Amendment requires that Evidence obtained through illegal search warrant excluded from criminal trial and Accused arrested through it must be released.
Difference: Search Warrant is issued before filling of charges or arrest of person while Arrest Warrant is issued after arrest.
formal charge against individual is brought by special jury called "Grand Jury". Search Warrant must be issued before indictment and Arrest Warrant must be issued after indictment.
Search Warrant is supported by probable cause at time of search. Special Jury finds cause to arrest then allows to arrest accused perhaps after crime has been committed.
Search Warrant contains expiration date may be several days to several weeks but Arrest Warrants have longer span. If Warrant is issued for person's arrest, person is not arrested because He is hiding or has fled to another country then Judge may issue bench warrant.
Bench Warrant allows police to arrest accused on sight. warrant has not legal requirement that Warrant has an expiration date. Bench Warrant allows for individual's arrest for many years after commission of alleged crime.
If you realise that Search or Arrest Warrant is used or issued improperly , You can contact Criminal defence Attorney by whom you can evaluate facts and He can help you in preparing defence and present you at trial proceedings or hearings.
© Wasim Azam
#Warrant#search#arrest@Wasim7171
Judge may issue only Arrest Warrant when there is probable cause to believe that person listed in warrant, is engaged or has engaged in criminal activity.
Purpose of Search Warrant: It allows police to find evidence during search of person named in warrant when there is reasonable cause to find out.
Search Warrant also allows police to search out accused in order to arrest him/her.
The scope of Search Warrant is limited to what evidence and location are named in Warrant.
Purpose of Arrest Warrant: Police must believe that person named in Warrant is engaged or planning to engage or has engaged in crime. Person may be specific individual when Police do not know identity then Warrant must describe how Individual looks like e.g. Hair, tall, beard etc.
Once Police have warrant , They may locate and seize. Arrest Warrant is act of seizure of person. Once Arrest is made , Police may search person So Its " Incident to lawful arrest" and " Arrest Search".
Commons between Arrest and Search Warrant: Arrest and Search Warrant require probable cause ( plausible) means reasonable cause to believe that person named in Warrant is committed or has committed to crime.
There may be evidence of criminal activity. Both warrants are named in particular locations.
Both warrants are signed by neutral individual either magistrate or judge.Both Warrants must be executed reasonably.
If Police search entire home &outside area , search warrant has been executed unreasonably. Fourth Amendment requires that Evidence obtained through illegal search warrant excluded from criminal trial and Accused arrested through it must be released.
Difference: Search Warrant is issued before filling of charges or arrest of person while Arrest Warrant is issued after arrest.
formal charge against individual is brought by special jury called "Grand Jury". Search Warrant must be issued before indictment and Arrest Warrant must be issued after indictment.
Search Warrant is supported by probable cause at time of search. Special Jury finds cause to arrest then allows to arrest accused perhaps after crime has been committed.
Search Warrant contains expiration date may be several days to several weeks but Arrest Warrants have longer span. If Warrant is issued for person's arrest, person is not arrested because He is hiding or has fled to another country then Judge may issue bench warrant.
Bench Warrant allows police to arrest accused on sight. warrant has not legal requirement that Warrant has an expiration date. Bench Warrant allows for individual's arrest for many years after commission of alleged crime.
If you realise that Search or Arrest Warrant is used or issued improperly , You can contact Criminal defence Attorney by whom you can evaluate facts and He can help you in preparing defence and present you at trial proceedings or hearings.
© Wasim Azam
#Warrant#search#arrest@Wasim7171
