Arrest warrants
Arrest warrants are legal documents issued by judges or magistrates that authorize law enforcement to arrest specific individuals accused of committing crimes. Typically, police must submit affidavits detailing the alleged offenses to obtain these warrants, which often outline the nature of the crime and may specify how the arrest should be conducted. The Fourth Amendment of the U.S. Constitution plays a critical role in the arrest process, ensuring protection against unreasonable searches and seizures. This amendment requires that warrants be issued based on "probable cause," ensuring that arrests are justified and reasonable. In nonemergency situations, officers are mandated to secure arrest warrants before entering a person's home. However, in emergencies, they may act without a warrant. Probable cause—evidence suggesting that a suspect has committed a crime—is essential for both warrant-based and warrantless arrests, with police officers presenting evidence to magistrates who ultimately determine its validity. Understanding the nuances of arrest warrants is important for recognizing the balance between law enforcement authority and individual rights.
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Arrest warrants
SIGNIFICANCE: Arrest warrants authorize police officers to arrest named persons. To obtain warrants, police officers usually submit affidavits to the judges or magistrates in the appropriate jurisdictions.
Arrest warrants typically specify the crimes that the arrestees are alleged to have committed and may direct the manner in which the arrests are to be made. Bail also may be specified. Bench warrants are arrest warrants for previous failures to appear in court.
All lawful arrests comply with the Fourth Amendment to the US Constitution. The amendment guarantees the right of people to be secure in their homes “against unreasonable searches and seizures” and states that warrants are not to be issued without “probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Arrests are a form of seizure—a seizure of the body. Consequently, the Fourth Amendment applies both to searches and seizures of property, as well as to arrests of persons.
In its 1980 Payton v. New York decision, the U.S. Supreme Court ruled that arresting officers must secure arrest warrants before entering dwellings to arrest suspects in nonemergency situations. In emergency situations, arrest warrants may not be necessary to enter suspects’ dwellings. No requirement derives from the Fourth Amendment that a warrantless arrest take place only upon probable cause. However, judges have applied the amendment’s requirement of probable cause to warrantless arrests as well as arrests under warrants, as a matter of interpretation.
A warrantless arrest typically may be made when a crime is committed in a police officer’s presence, or when an officer has probable cause to believe that a suspect has committed a felony and does not need to enter the suspect’s dwelling to execute the arrest. Probable cause is the key issue in the arrest process in both warrant and warrantless arrests. To establish probable cause, police officers must be able to delineate factual circumstances indicating that suspects have committed specified crimes. Although police officers provide information regarding the existence of probable cause, magistrates make the determination of probable cause. Whether an arrest is made with a warrant or is a warrantless arrest, it must always be reasonable.
Bibliography
Emanuel, S. L. Criminal Procedure. Aspen: Aspen, 2003. Print.
Hall, Daniel E. Criminal Law and Procedure. New York: Cengage, 2015. Print.
Langbein, J. H. The Origins of Adversary Criminal Trial. Oxford: Oxford UP, 2003. Print.
Livingston, E. A System of Penal Law for the United States of America: Consisting of a Code of Crimes and Punishments, a Code of Procedure in Criminal Cases, a Code of Prison Discipline, and a Book of Definitions. New York: William S. Hein, 2000. Print.
Nicholson, Christie. "The Fourth Amendment Warrant Requirement." FindLaw, 15 Oct. 2023, www.findlaw.com/criminal/criminal-rights/the-fourth-amendment-warrant-requirement.html. Accessed 20 June 2024.
Schiller, N. Criminal Procedure for the Criminal Justice Professional. Eagan: West, 2001. Print.