Search and Arrest Warrants

An arrest warrant is issued to permit the law enforcement authorities to recognize and locate an individual who is required to be arrested. This is often an individual who previously had been arrested, freed on bail, however failed to reappear in court following their release. This is usually a very precise warrant, which applies solely to a single individual (Blackstock & Justice (Society), 2012). On the contrary, a search warrant permits the law enforcement personnel to enter a premise for instance a residence, a piece of land or a building, to carry out a search for evidence, which may be utilized in an upcoming trial. The premise to be searched or materials to be seized ought to be listed precisely on the search warrant.   Additional differences are:

• An arrest warrant might be issued after an individual was already arrested whilst search warrants are produced before any arrests
• An arrest warrant could be valid for extended periods of time at times years whilst a search warrant expires quickly.

An arrest warrant apart from containing the signature of the judge or magistrate has a number of essential components to make it an actionable document

1. The accused individual must be clearly identified in such a manner that it leaves no room for mistaken identity. This entails the name of a person along with their physical description
2. The offense’s statute should be indicated using its proper name. The specific number regarding the criminal sanction must be indicated on the arrest warrant to avoid any additional offences being imposed.
3. The alleged offense ought to be described utilizing non-prejudicial language to allow an average individual comprehend the information  (Hall, 2013).

A search warrant should contain the signature from a judge or magistrate to make it valid in addition, it should comprise:

1. A vivid description of the properties, places or vehicles to be searched. This description should be as clear to avoid searching the wrong properties or vehicles
2. The warrant must contain a description of the materials expected to be seized or acquired.
3. The warrant must also state the grounds or reasons for the search

Probable cause for an arrest warrant is not particularly compound. The officer making an application for the arrest warrant should simply offer probable cause indicating that the individual to be arrested performed the offense in question.   During the application the officer is never necessitated to indicate the suspect is at a specific location. Whereas, probable cause regarding a search warrant is twofold: firstly,  making an application for the search warrant is required to indicate the probable cause showing that the materials to be acquired are linked with criminal activities  (Siegel & Center for Computer-Assisted Legal Instruction, 2008). Secondly, the officer is required to indicate probable cause showing that the materials to be acquired are positioned at the location to be searched.

A search warrant requires probable cause positioning the items to be acquired at a particular location since searching an individual’s property motivated by hearsay amounts to trespassing and the individual might sue (Hall, 2013). Additionally, illegal searches may invoke the fourth amendment rights of the owner of the property. Whereas an arrest warrant does not require probable cause positioning an individual at a particular location since people are mobile and they might be found at different locations at any one particular time.

References

Blackstock, J., & Justice (Society). (2012). European arrest warrants: Ensuring an effective defence. London: JUSTICE.

Hall, J. W. (2013). Search and seizure.

Siegel, D. M., & Center for Computer-Assisted Legal Instruction. (2008). Searches and seizures with a warrant: Issuance of the warrant 1. (CALI: The Center for Computer-Assisted Legal Instruction.