Arrest warrant, by definition is a warrant issued by a judge on behalf of the state. This authorizes the arrest and detention of an individual. This also gives the authority to search and seize one’s property. In the United States, in order for the police to make a lawful arrest, the arresting officer must have either a probable cause to arrest or a valid arrest warrant issued by a judge.
What Makes Up A Valid Arrest Warrant?
A valid arrest warrant contains four elements. The first element is that it should contain an adequate showing of probable cause. Meaning, that it has to have the supplemental reason why a warrant should be issued in the first place. The second element is issued by a neutral and detached magistrate.
The third element is that it has to be issued on the basis that the police affidavit has no known or reckless falsehoods. The fourth and the last element, is a brief description on the person to be seized.
Who Can Issue An Arrest Warrant?
It has to be issued by a judge or attorney who has an impartial point of view and perceives the plaintiff or the complainant’s information as something that does not cater to his personal interest. Arrest warrants are typically issued by courts but they can also be issued by other political sectors.
What Will Make A Warrant Invalid?
The warrant will be deemed invalid if the defendant can challenge the arrest warrant with grounds by preponderance of the evidence that the contents of the arrest warrant are false. Or they are made with reckless disregard to their truth or falsity. The remaining portion of the affidavit will not have reliable grounds to make it a valid arrest warrant.
If the arrest warrant also does not have a complete description of the person being seized, then the warrant will also be considered invalid. There has to be a brief and detailed description on the person involved in the warrant.