Legal Definitions - arrest warrant

An arrest warrant is a legal document issued by a judge or magistrate that allows the police to take someone accused of a crime into custody. The warrant is issued only if there is probable cause, which means there is enough evidence to suggest that the person has committed a crime.

The purpose of an arrest warrant is to protect people from unlawful arrests under the Fourth Amendment. It also gives the person being arrested notice of the charges against them.

While an arrest warrant is preferred, it is not always required to make a lawful arrest.

Example 1: A police officer has evidence that a person has committed a robbery. The officer presents the evidence to a judge, who issues an arrest warrant for the suspect. The police can then use the warrant to take the suspect into custody.

Example 2: A police officer sees a person committing a crime in plain sight. The officer can make an immediate arrest without an arrest warrant.

These examples illustrate how an arrest warrant is used to ensure that arrests are lawful and that people are given notice of the charges against them.