Legal Definitions - arrest warrant

An arrest warrant is a formal legal document, issued by a judge or magistrate, that grants law enforcement officers the authority to take a specific individual into custody. Before issuing such a warrant, the judge must review evidence presented by the police and determine that there is "probable cause" – meaning a reasonable belief, based on facts and circumstances, that the person named has committed a crime. This judicial oversight is a crucial protection under the Fourth Amendment of the U.S. Constitution, ensuring that arrests are not arbitrary and that individuals are protected from unlawful detention. The warrant also serves to inform the person being arrested about the specific charges against them.

• Example 1: Investigation of a series of thefts

  Police have been investigating a string of bicycle thefts from a university campus. After reviewing security footage, interviewing witnesses, and tracking sales of stolen bikes online, detectives gather enough evidence to identify a suspect. They compile this information and present it to a judge, who agrees there is sufficient probable cause. The judge then issues an arrest warrant for the identified individual, authorizing the police to locate and apprehend them.

  Explanation: This example illustrates how an arrest warrant is used when police have conducted an investigation and gathered evidence pointing to a specific person, but have not caught the person in the act. The warrant provides the necessary legal authority to make the arrest based on the probable cause established through the investigation.

• Example 2: Failure to appear in court

  A person received a summons for a minor traffic infraction and was ordered to appear in court on a specific date. However, they forgot about the date and did not show up. When the individual fails to appear as required, the judge presiding over the case issues a "bench warrant" – which is a type of arrest warrant – for their arrest.

  Explanation: Here, the arrest warrant is issued not for a new crime, but because the individual failed to comply with a court order. The warrant authorizes law enforcement to take the person into custody and bring them before the court to address both the original charge and their failure to appear.

• Example 3: Cold case murder investigation

  Decades after an unsolved murder, new forensic technology allows investigators to re-examine old evidence. A DNA sample from the crime scene, previously unidentifiable, now yields a match to a person living in another state. Detectives meticulously build a case, presenting the new DNA evidence, along with other corroborating details, to a judge. Convinced there is probable cause, the judge issues an arrest warrant for the suspect, allowing officers to travel to the other state and legally take the individual into custody for the cold case crime.

  Explanation: This scenario demonstrates the importance of an arrest warrant in serious cases, especially when significant time has passed or the suspect is not immediately accessible. The warrant ensures that even after a long period, an arrest for a serious crime is made with proper judicial authorization based on compelling evidence.