Also known as: warrants of arrest · arrest warrant · arrest warrants
Written by attorneys · grounded in primary & secondary sources — see below
A judicial order directing a law enforcement officer to arrest a specified person and bring that person before the court. The order issues only upon a showing of probable cause that an offense has been committed and that the named person committed it.
Officers obtained a warrant of arrest for Wesley Wong after a complaint established probable cause for fraud. They approached his residence without exigent circumstances and entered only after confirming Wong was inside. The arrest proceeded lawfully under the warrant.
A federal prosecutor filed a complaint with an affidavit detailing Wendy Wu's role in a billing scheme. The magistrate reviewed the documents and found probable cause that Wu committed the offense. The judge issued a warrant of arrest directing officers to take her into custody.
Select any source to read its text and confirm it supports the definition.
An officer conducted an unlawful stop of Winona Walsh. During the encounter the officer discovered an outstanding warrant of arrest for Walsh on an unrelated charge. The discovery of the valid warrant attenuated the taint, so evidence found during the subsequent arrest remained admissible.
An officer observed William Williams engaging in suspicious conduct that justified a brief detention under Terry standards. Further investigation produced probable cause, leading to issuance of a warrant of arrest. Officers executed the warrant and took Williams into custody without incident.
Federal agents obtained a warrant of arrest for Wayne Walker after evidence showed his knowing participation in a drug conspiracy. The warrant issued on a complaint establishing probable cause. Officers executed the warrant at Walker's workplace and brought him before the magistrate.
Investigators submitted an affidavit containing tips and corroboration to a magistrate seeking a warrant of arrest for Wade Watson. The magistrate applied the totality-of-the-circumstances test and found probable cause. The warrant issued and officers arrested Watson the following day.
A complaint or supporting affidavits must establish probable cause to believe that an offense has been committed and that the defendant committed it. Once that showing is made the judge must issue the warrant to an authorized officer.
Absent exigent circumstances officers must obtain an arrest warrant and may enter the suspect's home only when they have reason to believe the suspect is inside. A warrant of arrest alone does not authorize entry into a third party's home.
Discovery of a valid outstanding warrant can constitute an intervening circumstance that attenuates the taint of an unlawful stop when the officer's conduct was at most negligent and not purposeful or flagrant.
The warrant must name or describe the defendant, describe the offense charged in the complaint, direct that the defendant be arrested and brought before a judicial officer, and be signed by the judge.
…not the requirements of reliability and particularity of the information on which an officer may act are more stringent where an arrest warrant is absent, they surely cannot be less stringent than where an arrest warrant is obtained." Id. , at 479. And we said in Brinegar v. United States , 338 U. S. 160, 176: "These…