Published by With so much uncertainty surrounding different types of warrants, it can be challenging to identify their fundamental differences.
It is important to have a basic understanding of each type to ensure you are aware of your constitutional rights should legal issues arise.
Drawing from my years of expertise as a criminal defense attorney, I will explain the various warrants that may be issued against you.
Quick Summary
- There are various types of warrants, including search, arrest, judicial, DNA, and bench warrants.
- Arrest warrants empower law enforcement personnel to detain an individual suspected of criminal activity.
- As long as police have probable cause, a warrant is usually unnecessary to arrest someone suspected of a felony.
What Is A Warrant?
A warrant is a legal document issued by a judge or magistrate authorizing someone to take specific action. A writ is permission granted by a judge or authorized official, allowing an otherwise illegal act that could violate someone's rights. The person who executes the writ is protected from liability if the act is carried out [1].
When a warrant is requested, the judge will meticulously review all available facts before deciding whether to approve or deny it. Upon issuance, law enforcement officers can act accordingly and swiftly.
You must understand how this criminal process works—particularly if you or someone close has been charged with a criminal offense.
Read Also: What Is a Pretrial Diversion Program?
5 Types of Warrants
Warrants play a crucial role in the criminal justice system, authorizing law enforcement to conduct searches, arrests, or other actions. The most frequently issued types are outlined below.
1. Search Warrant
A search warrant authorizes law enforcement officers to conduct searches at a specific location to find evidence related to a crime [2].
If evidence is found during the search, the police can seize it so prosecutors can use such evidence in the defendant's criminal case.
An act of search and seizure is considered an unreasonable search if conducted without:
- A lawful search warrant
- Probable cause to believe the place to be searched contains evidence related to criminal activity.
If issued a search warrant, you can hire a criminal defense attorney to challenge it by filing a "quash and traverse" motion, which questions the affidavit used as the basis for issuing the warrant.
Rights:
- You have the right to see the warrant before the search begins.
- You can refuse consent for searches beyond the warrant's scope.
- You have the right to observe the search if you do not interfere.
Responsibilities:
- Allow law enforcement to execute a valid search warrant.
- Do not interfere with the search process.
- Keep a record of items seized during the search.
2. Arrest Warrant
A judge or magistrate issues an arrest warrant upon a signed affidavit showing probable cause that a specific crime has been committed and the person named in the warrant is responsible.
Rights:
- Right to remain silent when questioned by law enforcement personnel.
- Right to an attorney; if you cannot afford one, one will be provided.
- Right to know the charges against you.
Responsibilities:
- Appear in court as required.
- Comply with law enforcement when they execute the warrant.
- Inform your attorney of any changes in your circumstances.
3. Judicial Warrant
A judicial warrant, also known as a criminal warrant, is a type of search warrant frequently used by law enforcement officers. This is the type of warrant the Fourth Amendment was designed to regulate.
4. DNA Warrant
A DNA warrant permits law enforcement agents to collect a DNA sample, usually by taking a swab of mucus or saliva from the person's mouth.
Note that a search warrant for a home does not permit officers to collect a DNA sample from residents.
5. Bench Warrant
A bench warrant, also called an alias warrant, is an arrest warrant authorized by a judge without a request from police.
Bench warrants are typically issued when a person fails to appear on a scheduled court appearance or disobeys a court order.
An alias warrant instructs law enforcement personnel to arrest the person immediately when located.
How Does A Warrant Work?
A warrant authorizes law enforcement to detain an individual for a specific crime, following a legal process that ensures due diligence. Here’s a simplified breakdown:
1. Affidavit Submission
A police officer submits a written affidavit to a judge or magistrate providing sufficient facts under oath showing probable cause that a crime was committed and the named person is responsible.
2. Judicial Review
The judge reviews the affidavit to determine if probable cause exists, ensuring the arrest or search is legally justified.
3. Approval Process
If probable cause is established, the judge issues the warrant. Approval time varies by jurisdiction, from hours to days.
4. Execution of Warrant
Once issued, law enforcement officers can detain or search the individual or location specified.
Understanding Warrants in the Digital Age
Warrants have evolved to address modern technology, privacy, and jurisdictional challenges:
Digital Device Warrants
- Warrants must specify the device and type of data law enforcement can search.
- Courts balance privacy protections with law enforcement needs, often requiring stronger evidence.
- Accessing encrypted data may require additional legal steps.
Domestic vs. International Warrants
Domestic Warrants:
- Issued by courts within the country and executed by local or federal law enforcement personnel.
International Warrants:
- Known as extradition warrants, requiring cooperation between countries and adherence to treaties.
Domestic warrants typically do not apply internationally; cross-border cases require separate procedures.
Exceptions to the Warrant Rule
In exigent circumstances, police can conduct searches or arrests without a warrant, such as:
- Immediate threats to life or officer safety.
- Hot pursuit of a fleeing suspect.
- Preventing destruction of evidence.
What Happens After A Warrant is Issued?
A warrant triggers a sequence of events:
- Warrant Execution: Police have authority to detain you based on evidence approved by a judge.
- The Arrest: You may be taken into custody at home, work, or during a routine stop.
- Booking Procedure: Includes fingerprinting and mugshots.
- Initial Court Appearance: Usually within 48 hours to discuss the case.
Possible Outcomes
- Release without bail if not a flight risk.
- Bail set according to crime severity and criminal record.
- Held without bail for serious offenses.
Bail Options
- Pay Cash Bail: Refundable if all court dates are attended.
- Use a Bail Bond: Non-refundable fee paid to a bail bond agent.
- Offer Property Bond: Using property as collateral.
- Surety Bond: Insurance company backs the bond.
Bail Bond Details
- Agents typically charge 10-20% of bail as a fee.
- Collateral such as jewelry or car titles may be required.
- Missing a required court appearance can result in additional penalties and forfeiture of bail.
"The workplace and home are the two most common places for people to be arrested."\
- Michael Simmrin, Trial Lawyer at Simmrin Law Group
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- Which Felonies are Eligible for Expungement?
- How to Get Charges Dropped Before a Court Date?
- Top 5 Signs that a Criminal Case is Weak
Common Mistakes to Avoid When Dealing With Warrants
- Speaking to law enforcement without legal representation.
- Ignoring court orders and deadlines.
- Posting on social media about the case.
- Assuming guilt prematurely.
- Not being honest with your attorney.
- Representing yourself in complex criminal matters.
- Accepting plea deals without full understanding.
Red Flags That Your Warrant Might Be Invalid
- Lack of specific details about what is being searched or seized.
- Law enforcement searching beyond the warrant specifies.
- Serving the warrant outside authorized hours.
- Serving at the wrong location or to the wrong person.
- Officer refuses to show the warrant.
- Warrant appears based on fabricated information.
- Missing judge's signature or recent date.
- Law enforcement lacks proper identification.
Do not resist law enforcement if you suspect an invalid warrant. Instead, calmly express concerns and contact an attorney promptly.
FAQs
What Are The Most Common Warrants?
Arrest, bench, and search warrants are the most common.
Can You Be Arrested At Your Place of Business?
Yes, if law enforcement personnel have valid grounds.
Is An Extradition Warrant Different?
Yes, it applies to fugitives crossing jurisdictions.
What Should I Do if Officers Show Up with a Warrant?
Stay calm, comply, ask to see the warrant, and request an attorney.
Can I Verify a Warrant's Legitimacy?
Yes, by reviewing the official document and contacting courts or attorneys.
When Can Warrants Be Executed?
Generally, at any time unless restricted by the warrant.
What Are My Rights During Execution?
Right to remain silent, to an attorney, and to be informed of charges.
Can Officers Search Beyond the Warrant?
No, exceeding the warrant's scope may violate constitutional rights.
Contact A Criminal Defense Lawyer Today
If you believe your warrant was executed unlawfully, consult a criminal defense attorney to explore options for dismissal or reduction.
Consider contacting Schmidt & Clark, LLP for a free consultation with skilled criminal defense lawyers.
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