The Law Offices

Many of my clients want to know what a warrant is, and do not understand what is going in when a warrant is served on them. There essentially two types of warrants: (1) search warrants and (2) arrest warrants.

Search Warrant
A search warrant allows law enforcement to perform a physical search, usually of your home or car, and to "seize" evidence. A search warrant must be requested by law enforcement of a magistrate judge. Law enforcement must present a written affidavit specifying the basis for the search, and what and where will be searched. The affidavit must allege evidence that, on its face, establishes probable cause to believe evidence will be found. With some exceptions, search warrants must be executed by law enforcement during the day. If evidence is found during the search, an arrest may follow. There are numerous exceptions to the search warrant requirement, meaning, law enforcement can search persons, homes and automobiles without a warrant, if the conditions fit one of the exceptions.

Arrest Warrant
An arrest warrant is a document allowing law enforcement to "seize" or arrest a person. Arrest warrants are more varied in type. I have encounted the following types of arrest warrants: (1) warrants issued by magistrate judge, (2) warrants issued by the office of the District Attorney [DA Warrants], and (3) bench warrants issued by the superior court or federal district judge. Each of these types of warrants are based on a finding a probable cause to believe that a crime has been committed and a particular person committed it. In the case of warrants issued by a magistrate judge or a DA warrant, there is often a statement of probable cause given in an affidavit or police report. In the case of a bench warrant, the superior court judge issues an arrest warrant because the defendant failed to appear in court on time. The judge is making factual finding that a court order has been violated, and the defendant should be arrested and brought before the court to answer to contempt charges.