An arrest warrant gives police the right to find someone and to take them to jail until they see a judge based on probable cause, which means they have enough proof to prove you may be guilty of a crime.
If an arrest warrant has been issued, the arresting officer has to show proof of the warrant upon request and the reason for the warrant.
An arrest warrant grants law enforcement the authority to locate and detain an individual, holding them in custody until they appear before a judge. This is based on the concept of probable cause, which denotes that there is sufficient evidence to suggest the person may be guilty of a crime. The officer must present the warrant and the reason for it upon request.
A search warrant, on the other hand, gives police permission to search a specific location, such as a residence. An arrest warrant allows officers to enter a person’s home, even by force if necessary, to take the person into custody. However, if the individual is a guest in another person’s home, a search warrant is required for the police to enter. Probable cause, which a judge determines, is the standard used to establish the need for an arrest or search warrant. It can be met through various forms of evidence such as witness statements, videos, recordings, or testimony from government officials such as police officers.
What Kind Of Evidence Constitutes Probable Cause?
Probable cause exists when there is enough evidence to prove that a crime has been committed or is about to be committed. Evidence enough to develop probable cause is decided by a judge. It can be multiple eyewitness statements, a video, a recording, or eye witness by a government official such as a police officer.
Probable cause refers to the amount and quality of information required to arrest someone, to search or seize private property in many cases, or to charge someone with a crime. Legal cause to arrest, search, or seize property exists when facts and circumstances known to the police officer would lead a reasonable person to believe:
- that the person to be arrested has committed a crime;
- that the place to be searched was the scene of a crime;
- that the place to be searched contains evidence of a crime; and/or
- that property to be seized is contraband, stolen, or constitutes evidence of a crime.
Reference: Find Law
Is An Arrest Warrant The Same As A Search Warrant?
Not exactly. An arrest warrant allows police to find and detain a person, bringing them to jail before a judge. A search warrant allows police to search a home. Under an arrest warrant police have the right to come into your home, using force if necessary, to detain you; however, if you are a guest in someone else’s home, then the police would need to also have a search warrant.