Legal Definitions - preliminary warrant

A preliminary warrant is an initial legal document, issued by a judge or magistrate, that authorizes law enforcement to arrest a specific individual. It is issued after a judicial officer reviews evidence presented by law enforcement and determines there is "probable cause"—a reasonable belief—that a crime has been committed and that the named individual committed it. This warrant serves as the legal basis for the arrest before formal charges are typically filed.

• Example 1: Theft Investigation

  A small business owner reports a significant amount of inventory missing after a former employee was seen acting suspiciously near the storage area. Security footage shows the former employee entering the storage area after hours using an old key and leaving with several boxes. Based on the business owner's report, the security footage, and the employee's unauthorized entry, a police detective compiles an affidavit detailing this evidence. The detective presents this affidavit to a judge. The judge reviews the evidence and concludes there is probable cause to believe the former employee committed theft. The judge then issues a preliminary warrant for the former employee's arrest.

• Example 2: Assault Report

  During a public event, a person is assaulted, sustaining visible injuries. Several witnesses identify a specific individual as the assailant and provide consistent accounts of the attack. Law enforcement officers interview the victim and witnesses, documenting their statements and collecting any available physical evidence (like photos of injuries). They then present this information, demonstrating probable cause that the identified individual committed the assault, to a magistrate. The magistrate, finding sufficient grounds, issues a preliminary warrant authorizing the arrest of the named assailant.

• Example 3: Financial Fraud Discovery

  A bank's internal audit uncovers a series of unauthorized transfers from customer accounts to a personal account belonging to one of its tellers. The audit report details the transactions, dates, and amounts, clearly linking the teller to the fraudulent activity. The bank reports the findings to law enforcement. Investigators review the audit report, bank statements, and potentially interview other bank employees. Once they have compiled enough evidence to establish probable cause that the teller engaged in financial fraud, they present this evidence to a judge. The judge then issues a preliminary warrant for the teller's arrest, allowing officers to take them into custody.