Arrest Warrants
An arrest warrant is issued by a judge or magistrate and directs police officers to arrest a person accused of a crime. The arrest warrant is usually issued on the basis of information concerning a crime that the police give to a judge, or it may be issued after a complaint is filed by the prosecutor or district attorney. Arrest warrants may also be issued after the grand jury returns an indictment against an individual.
Arrest warrants must be based on "probable cause" and supported by a sworn statement or "affidavit." Probable cause exists when the known facts surrounding the situation tend to implicate a person in a criminal activity. Absolute proof is not required-only a reasonable suspicion based on trustworthy facts. Police often use informants to gather information for arrest warrants.
The warrant acts as a notice to the named person of the charges brought against him. It also serves the purpose of bringing the accused before a judge, thereby beginning the criminal process against him.
Do the police have to actually witness a possible crime in order to get an arrest warrant?
No. Probable cause for an arrest warrant can be based on second-hand knowledge such as a friend reporting to the police that you told him about a crime you committed.
Can I go to the judge and ask for an arrest warrant to be issued if I have information about a crime?
No. Warrants are issued based on information a judge receives from law enforcement agencies and officers. A judge can only issue a warrant after the police have evaluated the information and determined that a crime probably has been committed.
My 4 year old child may be the victim of a crime. If we go to the police, can they obtain an arrest warrant based on what she tells them?
Yes. Even very young children with inconsistent stories may provide enough facts for an arrest warrant to be issued. Additionally, courts have also accepted a child's nonverbal response to questions from the police as providing adequate probable cause to issue arrest warrants. A police officer will give a judge an affidavit swearing as to what your child has told him.
SIDEBAR: Child molestation and abuse cases require that police officers must often use what very young children "tell" them in order to obtain an arrest warrant. Judges are lenient in these situations and do not automatically discount the child's testimony simply because the child is not yet a certain age. Additionally, judges do not require that an expert interview the child.
Is a warrant required in order for the police to arrest me?
No. A warrant is not required for an arrest if the police officer has probable cause to suspect you have committed a crime. Some state laws are stricter than the constitutional "probable cause" requirement and set out specific exceptions, which must be met in order for a warrantless arrest to be made.
SIDEBAR: Arrest warrants are not required, and constitutional rights are not violated, where "exigent circumstances" exist. These are situations where it is impossible or impracticable for the officer to get a warrant before the suspect flees or escapes, destroys evidence or commits further crimes.
The police detained me for a few minutes and questioned me concerning a crime that had occurred nearby. Can they do that?
Yes. Police are allowed to briefly detain you in a nonintrusive "investigatory stop" to ask about possible criminal behavior where they have a reasonable suspicion of your involvement. Since this is not considered an actual "arrest," neither a warrant nor probable cause (as required in a warrantless arrest) was necessary in order for the officer to stop you.
What is a "citizen's arrest"?
An arrest by a private person of another person committing a crime is sometimes referred to as a "citizen's arrest." Your state may or may not allow for a citizen's arrest. If it does, the person making the arrest must bring the suspect to the attention of law enforcement officials without delay.
CAUTION: States do not generally allow for the use of deadly force when making a citizen's arrest. In most situations, the crime must have been committed in the arresting party's presence in order for her to proceed with a citizen's arrest.
Can the police arrest me without actually having the warrant?
Yes. An arrest warrant is not required to be "in hand." In most states, the arresting officers are only required to verify or confirm that one has been issued.
The police burst into my home and arrested me. Is this legal?
Not unless "exigent circumstances" existed. If there were no exigent circumstances, such as the police observing a crime through the window or hearing screams, your home was illegally searched, you were illegally "seized" and your constitutional rights were violated.
Exigent circumstances do not necessarily have to be dramatic. For example, if you are hiding someone the police believe committed a crime and will commit additional crimes, your home can be searched.
A warrant for my arrest was issued several years ago in another state. If I am pulled over, will a police officer find out about this prior warrant?
Yes. A warrant never goes away or expires and law enforcement has access to warrant information through certain databases.
If your crime was a felony, the state that issued the warrant probably entered the data in the FBI's National Crime Information Center (NCIC) database that is accessible to law enforcement everywhere. By entering your warrant into the NCIC system, that state is showing its willingness to pay for your extradition, or transport, back into the state, where you will face trial.
However, many criminal warrants are not entered into the NCIC because states are unable to pay the cost of extradition. States have their own databases, which are compiled from police and sheriff's departments and county court records. In some states, all criminal warrants, both felony and misdemeanor, are part of the database and you will be apprehended if discovered.
SIDEBAR: The NCIC computer system allows law enforcement officers nationwide to check for outstanding warrants. For more information you may visit:www.fbi.gov/hq/cjisd/ncic.htm.
I was pulled over and the police officer said I have an outstanding arrest warrant because of a failure to pay a traffic ticket several years ago. How do I prove I paid it?
Unfortunately, it is not uncommon for some payments to fail to show in the computer system, resulting in a warrant being issued for your arrest. Unless you kept your cancelled check or some other receipt, you may have to get your bank to come up with proof of payment.
TIP: To avoid this situation, pay with a check if you can, obtain the cancelled check from your bank and keep it. Get a date-stamped receipt from the clerk accepting your payment and retain it. Mark your calendar to call the clerk in 30 days to make sure that your payment has been entered into their computer system, and ask the clerk to verify to you directly that no arrest warrant has been issued.
Why has the court issued a warrant for my arrest when I have paid the fine?
Courts issue warrants for many reasons. Paying the fine may have been only part of your obligation to the court. Other requirements that must be met may include the need to:
- pay your ticket in the allotted amount of time;
- appear for your court date;
- pay more than one fine or an additional fee;
- complete payment arrangements; and
- work a certain number of community service hours.
Unlike other criminal warrants, arrest warrants from some traffic courts may be disposed of easily by pleading "guilty" or "no contest" to the warrant charge, and paying the original fine plus any additional fines. You can also dispose of the warrant by pleading "not guilty," in which case, you will generally be required to post bail or a bond. If you are unsure of what to do, call and ask the clerk how to get your case "out of warrant status," or check to see if the traffic court has a Web site explaining your options.
Can I find out if a warrant has been issued for my arrest?
Probably not. Only a few states make this information public, and the national database is only for law enforcement to search. You might be able to find out something from the county sheriff's office if you know the county where the warrant was issued, but generally, information on arrest warrants is closely held until the arrest is actually made.
The police have an arrest warrant for my sister who is living at my house. Can they come into my home and arrest her?
No. A search warrant is required for the police to enter someone's home. An arrest warrant does not allow law enforcement officials to "search" for suspects in private homes. However, once a suspect answers the door and identifies herself, she can be arrested on the premises. She has voluntarily exposed herself to arrest and seizure by the police.
Furthermore, upon leaving the home and going out in public, a suspect can be arrested. At the threshold of the front entrance, on the porch or anywhere where there is exposure to public view, touch and hearing, arrest is allowed.