5 Most Common Types of Warrants & How Does A Warrant Work?

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With so much uncertainty surrounding different types of warrants, it can be challenging to identify their fundamental differences.

Drawing from my years of expertise as a criminal defense attorney, I will explain the various warrants that may be brought against you.

Quick Summary

There are various types of warrants, including search, arrest, judicial, DNA, and bench warrants.
Arrest warrants empower law enforcement to arrest an individual suspected of a crime.
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 writ authorizing someone to take action. A writ is permission granted by a judge or another authorized person, allowing an otherwise illegal act that could violate someone's rights. The person who executes the writ is protected from damages 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 of the warrant, law enforcement officers can take action accordingly and swiftly.

You must fully comprehend how this criminal process works – particularly if you or someone close has been charged with a serious crime.

Read Also: What Is a Pretrial Diversion Program?

5 Types of Warrants

Whether for search, arrest, or other purposes, warrants come in various forms. Nonetheless, the most frequently issued ones are outlined below.

1. Search Warrant

A search warrant authorizes law enforcement officials to search a specific location to find evidence related to a crime [2].

If evidence is found during the search, the police can take possession of it. This is so prosecutors can utilize it in the defendant's criminal case.

An act of search and seizure is considered unreasonable if it is conducted without:

A lawful search warrant
A probable cause to believe that the place to be searched has evidence related to a crime.

It is important to note that if someone has been issued a search warrant, they can hire a criminal defense attorney to challenge it by filing a "quash and traverse." This motion questions the affidavit used as a basis for issuing the search 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 don't interfere.

Responsibilities:

Allow law enforcement to execute a valid search warrant.
Do not interfere with the search process.
Keep a record of what items are seized during the search.

2. Arrest Warrant

A judge or magistrate issues an arrest warrant requiring a signed affidavit to show evidence that a particular crime has occurred and that the person(s) named in the arrest warrant has committed that crime.

Rights:

You have the right to remain silent when questioned by law enforcement
You have the right to an attorney, and if you cannot afford one, one will be provided
You have the 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 that law enforcement officers frequently use. When the Fourth Amendment was written, this was likely the type of warrant the authors had in mind.

4. DNA Warrant

A DNA warrant is a type of criminal warrant that permits a law enforcement agent to collect a DNA sample, usually by taking a swab of mucus or saliva from the person's mouth.

It's important to note that a search warrant for someone's home does not permit the officer to collect a DNA sample from the person living there.

5. Bench Warrant

A bench warrant, also known as an alias warrant, is an arrest warrant authorized by a judge without a request from the police.

Bench warrants are usually issued when a person fails to appear on a scheduled court date or does not follow a court order.

An alias warrant allows law enforcement to arrest the person immediately when spotted.

How Does A Warrant Work?

A warrant authorizes law enforcement to arrest an individual for a specific crime, following a legal process that ensures due diligence. Here’s a simplified breakdown of the steps involved:

1. Affidavit Submission

A police officer submits a written affidavit to a judge or magistrate. This document must provide sufficient facts under oath to show probable cause that a crime has been committed and the named person is responsible.

2. Judicial Review

The judge or magistrate reviews the affidavit to determine if there’s probable cause for the arrest. This step ensures the arrest is legally justified.

3. Approval Process

If probable cause is established, the judge issues the warrant. The approval time can vary depending on jurisdiction, ranging from a few hours to several days, depending on the complexity of the case and local procedures.

4. Execution of Warrant

Once the warrant is issued, law enforcement officers can arrest the individual named in the document.

The time it takes to approve a warrant can vary, but in some cases, it can be issued within hours, while in others, it may take a few days.

Understanding Warrants in the Digital Age

Warrants have evolved to address modern technology, privacy, and jurisdictional challenges. Here’s a breakdown of key aspects:

Digital Device Warrants: What You Should Know

Specificity is Key: Warrants must clearly state the device and type of data law enforcement can search.
Privacy Protections: Courts balance privacy rights with law enforcement needs, often requiring stronger evidence to approve these warrants.
Encryption Issues: Accessing encrypted data may require additional legal steps, complicating investigations.

Domestic vs. International Warrants

1. Domestic Warrants:

Issued by courts within the country.
Executed by local or federal law enforcement.

2. International Warrants:

Known as "extradition warrants."
Require cooperation between countries and adherence to treaties.

Domestic warrants don’t usually apply internationally, so cross-border cases need separate legal procedures.

Exceptions to the Warrant Rule

In emergencies, police can bypass the usual warrant process:

Exigent Circumstances: Immediate threats to life, evidence destruction, or suspect escape justify action without a warrant.
Hot Pursuit: Officers can enter premises without a warrant if they are actively chasing a fleeing suspect.
Public Safety Concerns: Immediate action is allowed to address significant threats to the public.

What Happens After A Warrant is Issued?

A warrant sets off a chain of events that you should understand clearly.

Here’s what happens step-by-step and how it may impact you:

Warrant Execution: Police have the authority to arrest you based on evidence approved by a judge.
The Arrest: You could be taken into custody at home, work, or even during a routine stop.
Booking Procedure: After your arrest, you'll be processed at the police station. This includes taking fingerprints and a mugshot.
Initial Court Appearance: Within 48 hours, you'll go before a judge for a hearing to discuss your case and next steps.

What Happens Next? Possible Outcomes

Release Without Bail: If the judge determines you're not a flight risk, you may be released without needing bail.
Bail is Set: A bail amount may be assigned based on the crime's severity and your criminal history.
Held Without Bail: For serious offenses, you might remain in custody until your trial.

Bail Options: What Are Your Choices?

If bail is set, here’s how you can secure your release:

Pay Cash Bail: Pay the entire bail amount upfront to the court. You'll get it back if you attend all court dates.
Use a Bail Bond: Work with a bail bond agent if you can't pay the full amount. You'll pay a non-refundable 10% of the bail as a fee.
Offer a Property Bond: In some cases, you can use property like a house as collateral instead of cash.
Surety Bond: An insurance company may back the bail bond, often in partnership with a bail bond agent.

Things to Know About Bail Bonds

Agent Fees: Bail bond agents typically charge 10-20% of the bail amount as a non-refundable fee.
Collateral Requirements: You may need to provide items like jewelry or a car title as security.
Court Appearance is Crucial: Failing to show up in court means losing your bail money and facing possible bounty hunters sent by the bond company.

Always attend all court dates to avoid more legal trouble and financial loss. Missing court appearances can lead to additional charges, penalties, or forfeiting 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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Common Mistakes to Avoid When Dealing With Warrants

When dealing with warrants, being aware of potential pitfalls is crucial. Here are some common mistakes to avoid:

Speaking to law enforcement without legal representation: Anything you say can be used against you in court. Always consult with an attorney before talking to the police.
Ignoring court orders and deadlines: Failing to appear or meet deadlines can result in additional charges, penalties, or even arrest warrants.
Posting on social media: Even seemingly innocuous posts can be misconstrued and used against you. It's best to avoid social media entirely until your case is resolved.
Assuming guilt: Remember, you are presumed innocent until proven guilty. Don't give up hope; many factors can affect the outcome of your case.
Not being honest with your attorney: Provide your lawyer with all the facts to ensure the best possible defense.
Representing yourself: Criminal law is complex. It's risky to navigate the legal system without professional help.
Accepting plea deals too quickly: Consult with your attorney to understand the full implications of any plea deal before making a decision.

Red Flags That Your Warrant Might Be Invalid

Be aware of these potential red flags that may indicate an invalid warrant:

The warrant lacks specific details about what is being searched for
Law enforcement attempts to search areas or seize items not specified in the warrant
The warrant is served outside the hours specified
The warrant is served at the wrong location or to the wrong person
The officer refuses to show you the warrant upon request.
The warrant appears to be based on exaggerated or fabricated information
The warrant does not contain a judge's signature or a recent date.
Law enforcement attempts to execute the warrant without proper identification.

Remember, do not resist law enforcement if you suspect a warrant may be invalid. Instead, calmly state your concerns and contact an attorney as soon as possible to address the issue legally.

FAQs

What Are The Most Common Warrants?

The most common warrants are arrest, bench, and search warrants.

Can You Be Arrested At Your Place of Business?

Yes, you can be arrested at your place of business. The police must have a valid reason to think you're at home if they try to arrest you there. But if they're trying to arrest someone who's a guest in your home, they need a search warrant.

Is An Extradition Warrant A Different Type Of Warrant?

Yes, an extradition warrant is a different type of warrant. A person who commits a crime in one state and then leaves that state is called an accused fugitive. An extradition warrant is a warrant that is issued for the arrest of such accused fugitives.

What should I do if officers show up with a warrant?

If officers show up with a warrant, stay calm and comply with their instructions. Ask to see the warrant if you haven’t already done so. You are not required to let them in unless the warrant is valid, but it’s generally better to cooperate. You have the right to remain silent and ask to speak with an attorney.

Can I verify if a warrant is legitimate?

You can verify a warrant's legitimacy by asking to see it. A valid warrant should include the officer’s name, the crime being investigated, and the judge’s signature. If you’re unsure, you may contact your attorney or local court for verification.

What time of day can warrants be executed?

Warrants can generally be executed at any time of day or night, though the execution time may depend on the specific conditions outlined in the warrant. For arrest warrants, execution is usually permissible 24/7, while search warrants may have specific hours for execution, especially for residential searches.

What are my rights during a warrant execution?

During a warrant execution, you have the right to remain silent, the right to an attorney, and the right to be informed of the charges (if an arrest is made). If officers are searching, they can only search areas specified in the warrant. You do not have to consent to further searches beyond what’s authorized.

Can officers search beyond what’s specified in the warrant?

No, officers can not search beyond what's specified in the warrant. If they go beyond those areas, it may violate your rights, and any evidence found in that area could potentially be excluded in court. You can challenge an improper search in court later, but it’s advisable to document the situation and seek legal advice immediately.

Contact A Criminal Defense Lawyer Today

If you were arrested because the warrant was executed unlawfully, you could try to have your charges reduced or your case dismissed.

You might consider hiring a lawyer if you are facing a criminal offense. You can contact Schmidt & Clark, LLP and talk to our skilled criminal defense lawyers to schedule a free consultation.

References:

https://www.law.cornell.edu/wex/warrant
https://www.law.cornell.edu/wex/search_warrant

What Is a Warrant?(5 Most Common Types Detaily Explained)