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Arrest Warrant

What is an Arrest Warrant?

The arrest warrant is a written authorization presented to a judge or a magistrate by law enforcement personnel for the arrest and detention of an individual. The arrest warrant is an important part of the criminal justice process.

The arrest warrant is an important aspect in the continuum of the legal justice community. The arrest warrant is a legal document which authorizes the arrest and detention of some individual. In actuality, there are specific criteria that must be met before an arrest warrant is issued.

In real life, the warrant for arrest is not quite what you see on television, although the series Law and Order comes as close as any to the actual process. When a suspect was picked up on the streets on a television drama, such as Streets of San Francisco or Starsky and Hutch, big hits some thirty years ago, it was remarkable how the legalities involved in having a warrant for arrest issued were trampled in the process.

Core Components of Arrest Warrants

There are strict guidelines for the issuance of warrants for arrest. Here are the stipulations that must be present in order for an arrest warrant to be legal and binding in the eyes of a court of law:

  • The arrest warrant must be in writing.
  • The arrest warrant must be issued by an authorized law enforcement personnel.
  • The arrest warrant is signed by a judge or magistrate of the court.
  • The arrest warrant is based on an original complaint filed in the presence of police or law enforcement personnel.
  • The arrest warrant is based on probable cause, which means that the crime was most likely committed by the person on whom the arrest warrant is being served.
  • The arrest warrant identifies the specific crime that was committed.
  • The arrest warrant identifies by name the suspect who will be arrested and detained.
  • The arrest warrant describes the relationship between the complaining witness and the defendant, and how the complaining witness is able to identify the defendant.

Arrest Warrants Contain Critical Information for Your Safety

An online request for a search of arrest warrants is one of the most effective ways of ascertaining the present status of an individual. Suppose you have been threatened by someone with no prior arrest record, but you heard from a friend that he did assault his wife a few weeks ago and she pressed charges.

If he has no prior arrest history, then there will be no record of a criminal history. However, an arrest warrants check would inform you that there exists an arrest warrant for this guy. This means that he can be picked up at first sight by any police or law enforcement official. By contacting the authorities and getting him off the streets, you will have done a great service to your community and to yourself!

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