A warrant is an authorization issued by a competent authority to undertake or execute a specific action. Warrants are useful for several purposes, including securing the arrest of an offender, conducting property or on-person searches, and obtaining evidence for trial.
There are different types of warrants, and this determines the competent issuing authority, the scope of the warrant, and who may execute the warrant. Each warrant type has different legal implications.
It is helpful to understand the different types of warrants. From a citizen’s perspective, this will help you know when the person executing the warrant exceeds their authority or the warrant's scope and how to defend your rights.
In legal terms, a warrant is an authorization (usually by a judge or magistrate) directing a person (usually a police officer) to perform the actions stated in the warrant within a specified timeframe.
A warrant can be a federal or state warrant. A federal warrant typically refers to warrants issued by a federal court or related to a federal offense. A state warrant relates to warrants issued by a state court or for non-federal offenses. It should be noted that a state court of record may issue a warrant for a federal offense.
Commonly issued warrants include arrest warrants, issued to secure a person’s arrest, and search warrants, which authorize a person to conduct otherwise illegal searches. Due to the intrusive nature of warrants, specific requirements must be satisfied before a competent authority validly issues a warrant.
The requirements for obtaining a warrant and the general judicial process are largely similar across the United States, as they must comply with the Fourth Amendment. Furthermore, the judicial process and requirements for state warrants are typically outlined in state laws, rules of court, or case law (court decisions).
A fundamental requirement for obtaining a warrant is to show probable cause. “Probable cause” means a reasonable suspicion that a person has committed or is involved in the commission of a crime. In most cases, the court requires that the person, usually a police officer, requesting the warrant deposes to a statement on oath outlining the facts justifying probable cause.
If the judge or magistrate is satisfied there is probable cause, they will issue the warrant. Otherwise, they will deny it or issue it with specific restrictions.
Generally, only judges and magistrates have the authority to issue warrants. Federal and state laws (depending on whether it is a federal or state warrant), rules of court, and precedents of courts govern the powers of judges and magistrates to issue warrants.
Another key factor determining who can issue a warrant is the alleged offense that is the subject of an investigation or trial. If it is a federal offense, a federal judge or magistrate typically issues the warrant, while state judges or magistrates issue warrants if it is a state offense. Also, federal agents are commonly authorized to execute a federal warrant, while state law enforcement agencies execute state warrants.
Warrants only authorize a specific action or course of action. There are different types of warrants, and each type determines the purpose of the warrant and the authorized course of action.
An arrest warrant is a document or written directive of the court granting an executing officer the authority to apprehend, arrest, and detain a suspect alleged to have committed an offense. Law enforcement usually obtains this warrant after a detailed investigation or when there is reasonable suspicion that a suspect under investigation may abscond, and there is compelling evidence tying them to the investigation.
A search warrant authorizes an executing officer to search the person or property of the subject of the warrant, which may be an individual or, in some cases, a company. The search may also authorize the executing officer to obtain any items discovered during the search that may advance an ongoing investigation or facilitate a fair trial.
Before issuing a search warrant, a judge or magistrate must be satisfied that there is probable cause justifying a need to search the suspect’s person or property.
A bench warrant is a warrant issued from “the bench”. This is because a judge or magistrate issues this type of warrant from the judge’s bench, usually without an application from anyone. A judge or magistrate typically issues a bench warrant when a suspect refuses to appear in court, in contempt cases, or when a person refuses to comply with certain court orders. A bench warrant authorizes an executing officer to arrest the subject of the warrant and present them before the court.
Penalties for ignoring a bench warrant include fines, possible jail time, and revocation of bail if the suspect was under bail.
No-knock warrants authorize an executing officer to enter a property and conduct a raid without prior notification to any residents or persons on the property. The idea behind no-knock warrants is to prevent the possible concealment or destruction of the items intended to be searched.
However, there is widespread controversy about the effectiveness of no-knock warrants. Following instances of police overreach and brutality, there are growing concerns that no-knock warrants overpower law enforcement agencies and interfere with citizens’ right to self-defense. Florida, Oregon, Connecticut, Minneapolis, and Virginia are some states that currently ban no-knock warrants. However, no-knock warrants remain legal in states like Louisiana and at the federal level.
A fugitive warrant is typically issued in cases where an offender has fled to another jurisdiction. It is issued by a judge or magistrate in the jurisdiction where the offense occurred or where the offender is standing trial.
This warrant authorizes an executing officer to apprehend the fugitive wherever they might be, which may involve coordination with law enforcement agencies across multiple jurisdictions or states. Fugitive warrants are usually entered into the National Crime Information Center (NCIC) to facilitate this coordination. The NCIC is a computerized database with information on criminals and missing persons.
An alias warrant authorizes an executing officer to apprehend and arrest a suspect who fails to appear in court on their scheduled plea hearing date (or any court date before entering a plea) or fails to respond to a court citation or summons.
A DNA warrantis a legal document or written court directive requiring the subject of the warrant to produce their DNA sample. Law enforcement typically applies for this warrant to facilitate their investigation, especially in situations where an unidentified DNA sample has been obtained from the crime scene.
A capias warrant is a directive of the court authorizing an executing officer to remand a person until they can appear on the next court-ordered date. A judge or magistrate typically issues this warrant when a person repeatedly fails to comply with the court’s directive to appear before the court.
An execution warrant is a court directive ordering the execution of an offender sentenced to death. This warrant is only applicable in jurisdictions with the death penalty. In light of growing opposition to the death penalty as a criminal sanction, there are ethical concerns about execution warrants. Some states in the United States, including Colorado, Delaware, and Illinois, have repealed the death penalty.
Civil capias warrants are generally the same as a capias warrant, except that they are used in civil cases. A judge or magistrate issues a civil capias warrant where the person repeatedly fails to comply with the court’s orders or appears in court. They are used to compel the person to appear in court. Civil capias warrants are typically used in debt collection and family dispute cases, and they are a type of civil warrants.
You may visit your local courthouse or police department to confirm if there is a warrant out against you. Some states, like Pennsylvania, operate an online database through which interested persons can obtain this confirmation. If this information is restricted to the public in your state, you may seek a court order granting you access to the information.
Additionally, you may consult a licensed attorney to advise and walk you through the process of conducting a warrant check in your state or any other jurisdiction.
Warrants play different roles, which are important for the justice system. However, having an understanding of what a warrant is, its legal requirements, and the scope of a warrant is crucial. This will help you understand your rights, react properly when confronted with a warrant, and save you from mistakes that may have severe legal consequences.