Legal Definitions - warrant of arrest

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Definition of warrant of arrest

A warrant of arrest is a formal legal document, signed by a judge or magistrate, that authorizes law enforcement officers to take a specific individual into custody. It is issued when there is sufficient evidence, known as probable cause, to believe that the person has committed a crime or has violated a court order. This document provides the legal authority for an arrest, ensuring that individuals are not detained without proper judicial oversight.

  • Example 1: Investigation of a Serious Crime
    Detectives investigating a series of car thefts gather forensic evidence, surveillance footage, and witness statements that strongly implicate a particular individual, Mr. Rodriguez. Based on this compiled evidence, the detectives present their findings to a judge. The judge reviews the information and determines there is probable cause to believe Mr. Rodriguez committed the thefts. The judge then issues a warrant of arrest for Mr. Rodriguez, legally authorizing police to locate and apprehend him.

  • Example 2: Failure to Appear in Court
    Ms. Lee received a summons to appear in court for a minor traffic infraction, but she inadvertently missed her scheduled court date. Because Ms. Lee failed to appear as legally required, the judge presiding over the traffic court issues a warrant of arrest (often referred to as a "bench warrant" in this context). This warrant authorizes law enforcement to take Ms. Lee into custody and bring her before the court to address both the original traffic violation and her failure to appear.

  • Example 3: Violation of Probation Conditions
    Mr. Thompson is on probation after serving time for a previous offense. One of the conditions of his probation is to regularly check in with his probation officer and refrain from consuming alcohol. His probation officer discovers that Mr. Thompson has failed to report for several weeks and has tested positive for alcohol during an unscheduled visit, violating his probation terms. The probation officer presents this information to the court. The judge, finding sufficient evidence that Mr. Thompson has violated the conditions of his probation, issues a warrant of arrest. This warrant allows law enforcement to apprehend Mr. Thompson and bring him back to court to face potential revocation of his probation and further legal consequences.

Simple Definition

A warrant of arrest is a legal document issued by a judge or magistrate that authorizes law enforcement officers to take a specific person into custody. It is typically issued when there is probable cause to believe that the named individual has committed a crime.