Arrest warrants – facts Vs fiction

There are many statements, factoids and downright lies associated with arrest warrants. Incorrect information and myths can severely impact a person’s liberty and freedom. Listed below are a few of the facts and fictions associated with arrest warrants.

Arrest warrants can only be issued by judges.

This is fiction because arrest warrants can be issued by magistrates as well as judges. Also the person who issues an arrest warrant does not have to be an attorney. The major requirement for the issuance of arrest warrants in most states is that the person be able to recognize and identify probable cause.

An arrest warrant cannot be issued for a misdemeanor.

This statement is false and a fiction because warrants can and are issued for misdemeanors.

In order for an arrest warrant to be valid there must be a showing of probable cause. This is a fact because probable cause is defined by most legal dictionaries as an adequate or sufficient number of facts that are present that would convince a reasonable man or woman that a crime had been committed and that those facts would convince most people that the charges are true or would soon be revealed as true.

Laws against Arrest warrants were written in the Declaration of Independence. This is another fiction. Rules regarding arrest warrants fall under the Fourth Amendment of the US Constitution which reads as follows:”the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and noWarrantsshall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be searched.”

An arrest warrant must have a person’s name or specific description in order to be valid and executable. This is a fact; if an arrest warrant does not have the person’s name on it then it must have a specific, detailed description that will allow the law enforcement personnel and the general public to identify the person to be arrested. For example if the arrest warrant just statedAsian male, 5 foot 4 inches tall, then it would be invalid because it lacks the specificity of detail need to identify the person that is being described. Details such as 55-60 years old approximately 210 pounds with a cut above his left eyebrow and a rose tattoo on his right hand would make it easier to identify the person being sought for arrest.

In order for an arrest warrant to be issued it must contain a sworn declaration of district attorney, police or the aggrieved party that the person whose name appears on the warrant has indeed committed a crime.

There are many more fictions associated with arrest warrants so it would behoove anyone facing an arrest warrant to either seek legal help or to delve deeply to find out what is true or false regarding arrest warrants.