The Definition of a Warrant
Law enforcement agents can't just randomly arrest or search individuals that they believe to be involved in a crime. In order to prevent police officers from trampling on the rights of citizens, there is a due process that must be followed, and a warrant is one of these processes. A warrant is simply a signed document from a judge, allowing police to take an action. Depending upon the type of warrant, that action can be the arrest of a named individual or the search of a residence. Judges can sign off on three major types of warrants: Search Warrants, Bench Warrants, and Arrest Warrants. Each one is different depending upon the situation.
What is an Arrest Warrant?
An arrest warrant is a legal document that is signed by a judge and enables law enforcement to make an immediate arrest of an individual. These are often issued when a crime has been committed and the police have a particular suspect that they would like to apprehend. Arrest warrants give police enforcement the right to even enter homes to apprehend a suspect if necessary. How Do You Find Out If Someone Has An Arrest Warrant Against Them?
Some law enforcement agents will notify suspects of an arrest warrant via a letter at the last known address or through a phone call. While others swoop down and make an immediate arrest. At a nominal cost, the local police department will provide you with arrest information for an individual. However, you should never check your own record in this manner because you will be immediately arrested if there are active warrants on your record. The easiest approach is to make use of an online public records service that will provide you with all of the information in one easy to read format. What is a Bench Warrant?
It's extremely important to attend any court appearances that you are scheduled for. If you do not appear in court, a judge will hold you in contempt of court and sign a bench warrant with your name on it. From this point on, you will instantly be considered a fugitive from justice in the eyes of the law. This court order will allow the police to arrest you on sight and even enter your home in order to apprehend you. It's important to remember that there is no statute of limitations for a bench warrant. This type of warrant never expires and will only be cleared upon your death or arrest. What is a Search Warrant?
If the police believe that a crime has been committed or is being committed in a particular area, they will request a search warrant from a judge. This document will enable them to perform a complete search on the area listed on the warrant. They can be given full rights to walk into your home to gather evidence, and you are not able to stop them. An example of this can be seen when the police use warrants to seize narcotics or weapons from a home. It's important to keep in mind that a search warrant is extremely specific, and will often label the exact location, the specific evidence, and time of search. Police officers cannot continuously return to your home to gather more evidence unless another search warrant is obtained. If law enforcement officers violate any of the conditions of the warrant, they will not be allowed to present the evidence in court. What are Outstanding Warrants and Active Warrants?
Outstanding warrants and active warrants are synonymous and used interchangeably in the court system. Active warrants are placed against an individual when they have either been suspected of committing a crime (arrest warrant) or if they did not appear for a court date (bench warrant). An active or outstanding warrant gives the police the right to immediately arrest the individual on sight, using all necessary means. The term outstanding warrant is generally used when describing an older warrant from a fugitive that has been avoiding police arrest for quite some time. Do not confuse this term, and believe that it means `expired warrant', because arrest warrants never expire.
