An arrest warrant is a legal document issued by a criminal court which enables police officers to arrest and hold a criminal suspect. This article will explain how a case begins with a criminal complaint, is followed by the issuance and execution of an arrest warrant and also covers matters concerning false arrests.
The criminal justice system in the US has certain constitutional protections for the freedom of its citizens. One of those protections guarantees that civilians cannot be arrested without reasonable or "just cause." Police officers are required to obtain an arrest warrant, usually issued by a criminal court judge, before they are able to arrest a suspect in accordance with the Fourth Amendment to the US constitution. State constitutions will generally have a similar requirement.
Other than special circumstances, police officers will typically need an arrest warrant before they can arrest a criminal suspect. In public places, police officer may arrest a person if there are reasonable grounds for arrest, such as being caught in the process of committing a robbery. However, the police may not arrest a person in a private place (such as one's home) without an arrest warrant unless special circumstances exist.
The arrest warrant must be obtained from and issued by a criminal court, usually after an indictment or criminal complaint. The criminal court will require the police officers to provide evidence of "probable cause" that a crime took place and that the person to be arrested is suspected of committing the crime. The term "probable cause" means that the facts and circumstances surrounding the crime would lead a reasonable person to believe that the crime was committed by the suspect.
Criminal actions often begin with the filing of a criminal complaint against a person suspected of committing a crime. A criminal complaint is a written document outlining a specific crime that occurred and why the defendant named in the warrant is suspected of committing the crime. The person filing the complaint will present it to a magistrate or judge and swear under oath as to the truth of its contents. If the magistrate or judge agrees with the complainant that probable cause exists, an arrest warrant will be issued. A police officer may then be given the warrant to have the suspect arrested. Federal and state criminal courts have different rules governing the process of obtaining an arrest warrant but many states follow the federal rules.
If the crime committed is a felony, federal and state criminal courts may require the prosecution to obtain an "indictment" by grand jury before a trial will be held. The grand jury decides whether probable cause exists to charge the suspect with the felony crime. Evidence against the suspect, who is not required to appear during this process, is presented by a prosecutor to a grand jury. If the grand jury agrees with the prosecutor that probable cause exists, the suspect will be "indicted" or formally charged with the felony crime. After an indictment, the prosecutor may then request that the judge or magistrate issue an arrest warrant for the suspect.
If an arrest warrant is deemed to be defective the arrest is considered to be unlawful. An arrest warrant may be considered "defective" when it is ultimately determined not to be properly supported by probable cause, not properly executed or does not contain sufficient information (such as not listing the specific crime of which the suspect is charged.) This does not mean that the case against the defendant is dismissed. A defective warrant means that any evidence gathered by the police officers for the prosecution during or as a result of the illegal arrest will be suppressed. Such evidence may not be presented at trial in the case against the defendant. For example, any illegal drugs or firearms found in the suspect's home as a result of the illegal arrest may be suppressed. The same applies to any statements that the suspect may have made at the time of the arrest that the prosecution wishes to use at trial.
An experienced criminal defense lawyer will be able to provide the best advice as to whether an arrest warrant was lawful. A criminal attorney will also be able to challenge a false or unlawful arrest as well as provide information about expungement of the arrest after a successful appeal.