What is a Motion to Quash a Warrant? Your Rights and Options

What is a Warrant?

According to Nolo, an arrest warrant is a formal document issued and signed by a judge or magistrate, granting law enforcement the authority to detain the individual named in the warrant [1].

These warrants typically detail the crime for which the arrest is authorized and may include restrictions on how and when the arrest can be carried out, such as specifying arrest times between 6 a.m. and 6 p.m.

Finally, some warrants also specify the bail that a defendant must post to regain freedom following arrest. If the warrant is for a previous failure of the suspect to appear in court—called a bench warrant—it will probably specify that the arrested person may not be released on bail at all (sometimes termed a “no-bail warrant”).

What Does it Mean to Quash a Warrant?

Bench warrants are issued by judges or magistrates when an individual fails to comply with court orders, such as not appearing for a scheduled court date. While regulations regarding bench warrants vary by state, individuals can typically have a bench warrant “quashed” or set aside by demonstrating to the judge that they had a legitimate reason for the non-compliance.

When a warrant is quashed or set aside, it is overturned. The presiding judge is the person who can do this, and once a warrant is quashed, it is no longer in effect. The quashing of warrants usually occurs with minor offenses such as bench warrants.

Similar to arrest warrants, bench warrants authorize law enforcement to take the individual into custody and bring them before the court.

Also Read: How to Check for Outstanding Warrants in Nevada

What is a Motion to Quash and Suppress a Search Warrant?

According to SCLG, a motion to quash a search warrant and suppress evidence asserts that evidence was obtained in violation of the Fourth Amendment [2]. These motions are typically filed after the search and seizure have taken place.

A motion to quash and traverse a search warrant claims that the supporting affidavit contained fatal mistakes or omissions. This is also known as a Franks Motion.

Also Read: What Happens at Motions Hearing in a Colorado Criminal Case?

What is the Reason for Motion to Quash?

According to Law Cornell, the purpose of filing a motion to quash is to contest the legal sufficiency or validity of a document or proceeding [3]. When such a motion is filed, the court examines the arguments and evidence presented by the filing party, along with any counterarguments. The court then determines whether to grant or deny the motion.

If the motion is granted, it means that the document or proceeding in question is declared invalid or void. If the motion is denied, the document or proceeding remains in effect, and the case or legal process will continue.

Related Articles:

• Bench Warrant Explained
• How Long Do You Stay in Jail for a Bench Warrant?
• What is Traversing a Warrant?

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References:
1. https://www.nolo.com/legal-encyclopedia/arrest-warrants-how-when-police-get-them.html
2. https://www.shouselaw.com/ca/blog/warrant/what-is-a-motion-to-quash-a-warrant/
3. https://www.law.cornell.edu/wex/motion_to_quash