Arrest Warrant Law & Legal Definition An arrest warrant is a judges order to law enforcement officers to arrest and bring to jail a person charged with a crime. Before an arrest warrant is issued, the district attorney, a police officer or an alleged victim must make a sworn statement that the accused person committed a crime. It is also called a warrant of arrest. An arrest warrant founded on probable cause gives the arresting officer the limited authority to enter a dwelling in which the suspect lives when there is reason to believe the suspect is within. Before entering a residence to execute an arrest warrant, an officer must have a reasonable belief that the suspect resides at the place to be entered and have reason to believe that the suspect is present at the time the warrant is executed. State laws vary, but generally if an arrest warrant and affidavit for arrest warrant have been filed with a court, then they must be released upon a request for public records. Information filed with a court is generally a matter of public record and may not be withheld from disclosure. The following is an example of a state statute dealing with arrest warrants : Requisites of warrant 1- It must specify the name of the person whose arrest is ordered, if it be known, if unknown, then some reasonably definite description must be given of him. 2- It must state that the person is accused of some offense against the laws of the State, naming the offense. 3- It must be signed by the magistrate, and his office be named in the body of the warrant, or in connection with his signature. Magistrate may issue warrant or summons: (a) A magistrate may issue a warrant of arrest or a summons: 1- In any case in which he is by law authorized to order verbally the arrest of an offender; 2- When any person shall make oath before the magistrate that another has committed some offense against the laws of the State; and 3- In any case named in this Code where he is specially authorized to issue warrants of arrest. (b) A summons may be issued in any case where a warrant may be issued, and shall be in the same form as the warrant except that it shall summon the defendant to appear before a magistrate at a stated time and place. The summons shall be served upon a defendant by delivering a copy to him personally, or by leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by mailing it to the defendants last known address. If a defendant fails to appear in response to the summons a warrant shall be issued. An arrest warrant is a warrant issued by a judge on behalf of the state, which authorizes the arrest and detention of an individual, or the search and seizure of ones property. United States Warrants are usually issued by courts but can also be issued by one of the chambers of the United States Congress or other legislatures (via the call of the house motion) and other political entities. In the United States, an arrest warrant must be supported by a signed and sworn affidavit showing probable cause that a specific crime(s) has been committed by the individual(s) named in the warrant. In most jurisdictions, an arrest warrant is required for misdemeanors which usually do not occur within the view of a police officer. However, as long as police have the necessary probable cause, a warrant is usually not needed to arrest someone suspected of a felony.[8] Laws vary from state to state. Mittimus A mittimus is a writ issued by a court or magistrate, directing the sheriff or other executive officer to convey the person named in the writ to a prison or jail, and directing the jailor to receive and imprison the person. An example of the usage of this word is as follows: ... Thomas Fraser, Gregor Van Iveren and John Schaver having some time since been Confirmed by the Committee of the County of Albany for being Persons disaffected to the Cause of America and whose going at large may be dangerous to the State, Ordered Thereupon that a Mittimus be made out to keep them confined till such time as they be discharged by the Board or any other three of the Commissioners. Minutes of the Commissioners for detecting and defeating Conspiracies in the State of New York, Albany County Sessions,1778–1781. (Albany, New York: 1909) Vol. 1, Page 90 In police jargon, these writs are sometimes referred to as a writ of capias, defined as orders to take a person or assets. Capias writs are often issued when a suspect fails to appear for a scheduled adjudication, hearing, etc. Bench warrant A bench warrant is a variant of an arrest warrant that authorizes the immediate on-sight arrest of the individual subject to the bench warrant. Typically, judges issue bench warrants for persons deemed to be in contempt of court—possibly as a result of that persons failure to appear at the appointed time and date for a mandated court appearance. Bench warrants are issued in either criminal or civil court proceedings. Commonly (but not always), the person who is subject to a bench warrant has intentionally avoided a court appearance to escape the perceived consequences of being found guilty of a crime. If a person was on bail awaiting criminal trial when the nonappearance took place, the court usually forfeits bail and may set a higher bail amount to be paid when the subject is rearrested, but normally the suspect is held in custody without bail. If a person has a bench warrant against him when stopped by a law enforcement officer, the authorities put them in jail and a hearing is held. The hearing usually results in the court setting a new bail amount, new conditions, and a new court appearance date. Often, if a person is arrested on a bench warrant, the court declares them a flight risk (likely to flee) and orders that person to be held without bail. Bench warrants are traditionally issued by sitting judges or magistrates. Outstanding arrest warrant An outstanding arrest warrant is an arrest warrant that has not been served. A warrant may be outstanding if the person named in the warrant is intentionally evading law enforcement, unaware that there is a warrant out for him/her, the agency responsible for executing the warrant has a backlog of warrants to serve, or a combination of these factors. Some jurisdictions have a very high number of outstanding warrants. The U.S. state of California in 1999 had around 2.5 million outstanding warrants, with nearly 1 million of them in the Los Angeles area.[9] The city of Baltimore, Maryland, had 100,000 as of 2007.[10] New Orleans, Louisiana, has 49,000.[11] Some places have laws placing various restrictions on persons with outstanding warrants, such as prohibiting renewal of ones drivers license or obtaining a passport. Section 120.80 execution of arrest warrants, 56 app. Div 2nd 937, 392.N.Y.S. 2d 848 (1977) Failure to announce their authority & purpose before entering the house made the arrest illegal 18 USC § 3062 - General arrest authority for violation of release conditions Current through Pub. L. 113-21. A law enforcement officer, who is authorized to arrest for an offense committed in his presence, may arrest a person who is released pursuant to chapter 207 if the officer has reasonable grounds to believe that the person is violating, in his presence, a condition imposed on the person pursuant to section 3142 (c)(1)(B)(iv), (v), (viii), (ix), or (xiii), or, if the violation involves a failure to remain in a specified institution as required, a condition imposed pursuant to section 3142 (c)(1)(B)(x). References . ^ a b section 1 of the Magistrates Courts Act 1980. Statutelaw.gov.uk. Retrieved on 2011-05-29. ^ a b section 97 of the Magistrates Courts Act 1980. Statutelaw.gov.uk. Retrieved on 2011-05-29. ^ Getting Arrested (Arrest). Videojug (2007-05-05). Retrieved on 2011-05-29. ^ When Justice Goes Unserved / Thousands wanted on outstanding warrants – but law enforcement largely ignores them. Sfgate (1999-06-22). Retrieved on 2011-05-29. ^ articles.baltimoresun/2011-01-19/news/bs-md-prince-georges-homicides-20110119_1_killings-criminal-homicides-slaying/2 ^ Countless Fugitives, Gambit Communications, Inc., 12 September 2003 Section 120.80 execution of arrest warrants, 56 app. Div 2nd 937, 392.N.Y.S. 2d 848 (1977) Failure to announce their authority & purpose before entering the house made the arrest illegal. Rohrer v Montana No 1203 U.S. Dist Ct for the dist of Montana, Butte div. Unlawful commitment & detention without proper service of Warrant for Arrest. See Also; False Imprisonment Law; False Arrest Law; .States v Munoz 150 F 3d 401, 411 n.6 8th Circuit United States v Turcotte 558 F2nd 893, 896 Chapter 604 Criminal Rule 4 Upon arrest, an officer possessing, the original or a duplicate original warrant must show it to the defendant. Alaska R. Civ. Proc. 87 (2012) Rules of Civil Procedure, Part Xll special proceedings. Rule 87. Civil Arrest. The arresting officer at time of arrest”, shall deliver to the defendant copies of the order of arrest & all affidavits supporting the motion. After executing a warrant, the officer must return it to the judge before whom the defendant is brought in accordance with rule 4 (c) (4) 604 app Historical Appendix, B. Historical Analysis of rule 4, 24-604 United States Supreme Court sought “to make a summons rather than a warrant the preferred process for obtaining control over a suspect. Affirmative burden on the Government to demonstrate to a magistrate why a summons would be inadequate before an arrest warrant will issue…
Posted on: Wed, 23 Oct 2013 11:17:38 +0000
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