Warrant (law)

A warrant is a writ that allows someone to do a specific legal action. The writ is normally from a judge. It is used by law enforcement to do things such as search for evidence, make an arrest or seize (take) property.

Search warrant

In the United States, the police need a warrant in order to search for evidence. They also need to have probable cause (a good reason to believe they will find evidence of a crime). A search warrant must be signed by a judge or a magistrate. The officer must provide a sworn statement of fact called an affidavit. If the judge or magistrate believes that the affidavit establishes probable cause, they approve the warrant. A warrant is usually for a specific period of time and it explains exactly what the officers can search for and seize.

Arrest warrant

United States

In many cases an arrest warrant is not needed to arrest somebody. If a police officer personally sees someone committing a crime, the officer can arrest that individual without a warrant. An officer can also arrest someone if they have probable cause to believe that the person had committed a crime or they were about to commit a crime.

An officer needs an arrest warrant if the person is in their own home and they did not commit a serious crime.

European Union

In the European Union, a European Arrest Warrant (EAW) is most often used between member countries instead of a lengthy extradition process. These came into effect on 1 January 2004. Since that time, they have been used to arrest dangerous criminals who flee across borders in Europe.

Japan

In Japan, an officer may arrest a person that they believe may have committed a crime. They can detain the person for up to 48 hours. The police are required to inform the person why they were arrested. During the 48 hour period, the person may be brought to a prosecutor if the police have enough evidence. If the prosecutor believes there is enough evidence, they request a warrant of detention before a judge within 24 hours. The defendant appears before the judge when the warrant is requested. The case may be dropped for lack of evidence either before the prosecutor or before the judge.

References

  1. 1 2 "Warrant". Legal Information Institute, Cornell University Law School. Retrieved 12 February 2016.
  2. 1 2 3 4 "Search Warrants: What They Are and When They're Necessary". NOLO. Retrieved 12 February 2016.
  3. ↑ "Criminal Arrests and Interrogations FAQ". NOLO. Retrieved 12 February 2016.
  4. 1 2 "European Arrest Warrant". European Commission's Directorate General for Justice and Consumers. Retrieved 12 February 2016.
  5. 1 2 3 4 5 "interpol check". Retrieved 26 April 2020.