what is a warrant

what is a warrant

1 year ago 35
Nature

A warrant is a type of authorization that permits an otherwise illegal act that would violate individual rights. It is a writ issued by a competent officer, usually a judge or magistrate, that allows law enforcement to take certain actions). There are different types of warrants, including:

  • Arrest Warrant: This is issued by a judge or magistrate and authorizes the police to take someone accused of a crime into custody. It must be supported by a signed and sworn affidavit showing probable cause that a specific crime has been committed, and that the person(s) named in the warrant committed said crime.

  • Search Warrant: This is a warrant to search a specific premise for evidence of a specific crime. It is issued by a judge if he or she finds probable cause to believe such evidence exists based on information presented by police to the judge in the form of a signed and sworn affidavit.

  • Bench Warrant: This is a type of arrest warrant that is usually issued when a subject fails to appear for a required court appearance.

  • Failure to Appear Warrant: This is issued when a defendant does not appear for a scheduled court hearing. The judge may ask law enforcement to make an arrest of the person listed on the warrant.

  • Failure to Pay Warrant: This is issued when a fine, surcharge, fee, assessment, or incarceration costs are not paid when ordered.

Apart from these, there are other types of warrants that may be issued by a judge or magistrate, including a possessory warrant, a warrant of committal, and a warrant of delivery). It is important to note that warrants are designed to protect individuals’ reasonable expectation of privacy against unreasonable governmental physical trespass or other intrusion.

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