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Arrest Warrants and Search Warrants
What is a
Warrant?
Most often,
the term warrant refers to a specific type of authorization; a writ
issued by a competent officer, usually a judge or magistrate, which
commands an otherwise illegal act that would violate individual rights
and affords the person executing the writ protection from damages if the
act is performed.
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How are
warrants issued?
Warrants are
typically issued by courts and are directed to the sheriff, constable or
a police officer. The warrants issued
by a court normally are search warrants, arrest warrants, and execution
warrants. A typical arrest warrant in the United States will take the
approximate form of: "This
Court orders the Sheriff or Constable to find the named person,
wherever he may be found, and deliver said person to the custody of
the Court." What is an
arrest warrant?
An arrest warrant is a warrant issued by and on behalf of the state,
which authorizes the arrest and detention of an individual.
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What is a
search warrant?
A search
warrant is a court order issued by a judge or magistrate that authorizes
law enforcement to conduct a search of a person or location for evidence
of a criminal offense and seize such items. All jurisdictions with a
rule of law and a right to privacy put constraints on the powers of
police investigators, and typically require search warrants for searches within a criminal enquiry.
There
typically also exist exemptions for "hot pursuit", if a criminal flees
the scene of a crime and the police officer follows him, the officer has
the right to enter a home or building in which the criminal has sought shelter.
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