Can A Warrant Be Issued For The Wrong Person
Once the crime is committed and the suspect is identified then the arrest warrant can be issued. Sometimes the warrant is issued for the wrong person. The person it is issued for is incorrect because their identity had been stolen and used by someone else.
For the police to obtain an arrest warrant they must write to the Magistrates court for permission. If the court grants the warrant, then the police may enter and search premises in order to make an arrest.
For instance, they must have reasonable grounds for believing a person has, is about to or will commit an offence. Reasons a police officer may choose to proceed without a warrant, include: If they have a false address or information. To prevent a suspect from disappearing. If the suspect or someone is at harm.
Check out our section on actions against the police for more information. There are other types of warrants that could lead to a persons arrest, including search warrants and bench warrants. What is a search warrant?
Warrants do not last forever the police have up to three months to arrest a person after a warrant being issued. Certain terms and police powers will also be laid out in a warrant. For instance, the courts may set a time frame determining when an arrest can take place.
If You Have A Warrant Out For Your Arrest Or You Missed Your Criminal Court Date Here’s What You Should Do
By Lauren Baldwin, Contributing Author
If you discover that a bench warrant or arrest warrant has been issued against you or that you have missed a court hearing that you were ordered to attend , the most important thing to do is take action immediately. When you didn’t show up, the judge may have issued a bench warrant for your arrest. This means that the police can take you into custody at any time at a routine traffic stop, at your home or office, or when you appear at court on another matter. If you do not address the warrant, you will have to worry constantly that you may suddenly be taken to jail.
Denver Arrest Warrant Attorney Co
If you think you have a warrant issued in Denver, CO, then contact an experienced criminal defense attorney at the Law Office of Matthew A. Martin, P.C..
Attorney Matthew Martin can help you determine whether the warrant exists, the underlying charges, and the bond amount, if any, associated with the warrant.
Matthew Martin represents clients throughout the state of Colorado, including the city of Denver in Denver County, and the surrounding areas in the Front Range region including:
- Brighton in Adams County
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When Do The Police Need A Search Warrant
If a police officer leading an investigation feels a suspect has committed a crime or an indictable offence , they will require a warrant, which may give them grounds to search premises or arrest a suspect.
However, there are certain requirements that an officer must meet for the Court to grant a warrant, including:
- A suspect must be over 18
- The offence must be an indictable offence
- When a Court summons alone would not be good enough i.e. an not established address
- A warrant request must be submitted in writing
Why Are Warrants Issued
Courts issue warrants for various reasons.
- Bench warrant. A bench warrant is a warrant directing law enforcement to take a person into custody and bring the person before the court to address the reason the warrant was issued. Courts most commonly issue bench warrants for failure to appear, for violating probation, or for failure to comply with a court order to pay a fine, complete community service, pay child support, or do some other act. If you are picked up on a warrant, you could be held in jail until the court has a hearing on your case, or you could be required to post a high bond and pay court fees.
- Arrest warrant. If the police have enough evidence that you committed a crime, an officer or detective can request that the court issue a warrant for your arrest. Once in custody, you can be held without bail until an arraignment, release hearing, or similar proceeding.
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Why Is There No Search In An Arrest Warrant
The search in search warrant assumes that officers will find and seize incriminating evidence, whether that be drugs, weapons, cash, electronic files, or virtually anything else. But the absence of the term search in arrest warrant doesnt mean that officers cant nab evidence in the course of apprehending someone.
Incorrect Information In Arrest Warrants
Sometimes, arrest warrants contain factual mistakes. For example, the suspect’s name may be misspelled or the wrong crime may be specified. Ideally, the police should show the warrant to the suspect. And, if the suspect is able to prove that the officer has the wrong person, then the officer should not proceed. As a practical matter, however, the police sometimes don’t show the warrant to the suspect for a variety of reasons real or imagined, and any mistakes as to identity are sorted out later. As for clerical errors, these aren’t enough to invalidate the warrant.
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When Isn A Warrant Necessary
If the police have probable cause of a felony crime, they usually do not need a warrant. Probable cause means the police have reason to believe that it more likely than not that the suspect committed the crime in question. Because they have a strong case against the individual, they don need a judge permission to make an arrest.
For example, the crime might be committed in front of the police officer. As a witness to the crime, the officer can pursue and arrest the individual.
Usually, a police officer needs a warrant to arrest someone in their home. This is true even when they have probable cause. However, there are exceptions. They may be able to make a warrantless arrest if there are circumstances that make getting a warrant impractical. Known as exigent circumstances, these situations can involve:
Why Are There Arrest Warrants For My Arrest
Warrants for your arrest can happen for a number of reasons. Admin mistakes like never receiving court date information or missing court due to scheduling conflicts can happen. Whether you accidentally or purposefully avoided court, arrest warrants can be an extra annoyance to already tedious legal situations.
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When Is An Arrest Made By Virtue Of A Warrant
When making an arrest by virtue of a warrant, the officer shall inform the person to be arrested of the cause of the arrest and the fact that a warrant has been issued for his arrest, except when he flees or forcibly resists before the officer has opportunity to so inform him, or when the giving of such information will imperil the arrest.
What Are Search Warrants
A search warrant is a legal document signed by a judge that authorizes law enforcement officers to conduct a search at a specific location in order to seize certain items. A search warrant allows law enforcement officers to look for and seize evidence of criminal activity.
The process of obtaining a search warrant is similar to the process of obtaining an arrest warrant. Law enforcement officers must submit a written affidavit to a judge that outlines the reason why they need the warrant. They must prove to the judge that they have probable cause to believe that criminal activity is occurring at the specific location or evidence of criminal activity may be found at the specific location.
The judge will review the affidavit to determine if the officer has successfully established probable cause. If so, they will sign off on the search warrant.
The warrant will contain very specific information regarding where the officers can and cannot search. For example, the warrant may specify that the officers can only search the backyard of a home, rather than the home itself. Law enforcement officers cannot search any area that is not included in the warrant.
In most cases, the police will need a warrant to search your person or property. But sometimes, the police can conduct a search without a warrant. For instance, if you give an officer permission to conduct a search, they will not need to obtain a warrant first.
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Schedule A Free Consultation With Our Criminal Defense Attorneys Today
If you are facing criminal charges in the greater Tampa Bay area, its in your best interest to contact the skilled criminal defense attorneys at Carlson Meissner Hart & Hayslett as soon as possible. Our team has been dedicated to helping the accused protect their rights and fight for their freedom since 1971. We have the legal experience, knowledge, and resources that it takes to reach the best possible outcome in your case.
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Understanding The Basics Of Arrest Warrants And Search Warrants
Do police always need a warrant to arrest you? When can law enforcement search your home or car? Do police need both an arrest warrant and a search warrant? What is the difference between an arrest warrant and a search warrant? These are important questions and it is crucial to understand your basic legal rights if you encounter police.
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How Can The Police Obtain A Warrant
If the police suspect you have committed or had some involvement with a crime, they have the right to search or confiscate items from your property.
However, you have certain rights to privacy under Article 8 of the Human Rights Act, which could be used to argue against an unlawful arrest.
If you feel you have been subject to an unlawful arrest or an unlawful search by the police then its worth taking a look at our guide to making complaints against the police to see if you have a case.
The police will require a warrant to either arrest you or carry out a search of your property. An officer must apply for a warrant through the Magistrates Courts by making a written request.
How Are Arrest Warrants Valid Under The Fourth Amendment
The Fourth Amendment requires that the warrant particularly describe the person to be arrested. If that description contains enough detail that would reasonably lead law enforcement to determine that you were the intended subject, the warrant may still be valid. What CAN and CANT Police Do With an Arrest Warrant?
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What Happens In The Execution Of A Warrant
Execution of Warrants. Summers, 191 the Court held that officers arriving to execute a warrant for the search of a house could detain, without being required to articulate any reasonable basis and necessarily therefore without probable cause, the owner or occupant of the house, whom they encountered on the front porch leaving the premises.
How Does An Officer Obtain An Arrest Warrant
How the Police Obtain an Arrest Warrant. To obtain a warrant, a police officer typically submits a written affidavit to a judge or magistrate. The affidavit, given under oath, must recite sufficient factual information to establish probable cause that a crime was committed and that the person named in the warrant committed it. A description so broad that it could apply to hundreds of people will not suffice.
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What To Do During A Search Warrant
The best thing to do when served with a search warrant is to sit there, dont talk to the police while they go through your things. Another good thing to do is NOT look at the place you wish they would not search. At least one officer will probably be assigned to watch your actions during the search.
How Do Warrants Work
Sometimes on TV shows, for the sake of drama, theyll show the police officer arriving at the home of a suspect. Then after some dramatic monologue the police officer surprises the suspect and arrests them. Thats probably not whats going to happen in real life. If a crime has already been committed and not in the presence of an officer that officer will require a warrant to arrest a suspect. This article will provide a brief overview of warrants in California.
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What Is A Police Warrant
A warrant is a legal document issued by a judge or court official that allows police to execute an arrest or search for evidence related to a crime. An arrest warrant is an alternative way to arrest a person when police officers were not witnesses to the crime or were not in pursuit of a suspect following a crime.
Do You Have To Have An Arrest Warrant To Make An Arrest
The statutes governing arrest warrants were put into place by the Fourth Amendment in order to protect people against unlawful arrests. However, an officer does not necessarily have to have an arrest warrant in order to make an arrest.
Perhaps the warrant contains the wrong name or states the wrong crime as the basis for the arrest. If there is a typo or an error that does not defeat the main basis for the warrant, this will not make the warrant invalid.
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How Do I Know If There Is A Warrant Out For My Arrest
There may come a time where you believe there may be a warrant out for your arrest. A common example that comes across my office is when there is a domestic dispute, and someone involved calls police, but by the time the police arrive, someone involved has left or is otherwise unavailable. In this example, the police will take a statement from one party, and if they believe they have received enough information to establish probable cause for an arrest, they will pursue an arrest warrant or capias.
Other examples come to mind, for instance, you may have been called by an investigator for the Government regarding a various criminal incident. First and foremost, absolutely do not give a statement under these circumstances. If an investigator calls you, they are fishing for information that hopefully can trigger enough evidence that probable cause for an arrest is justified. Remember, statements are evidence. Testimony is evidence.
Unfortunately, it is rare that someone from the government will call and inform you that a warrant has been set for your arrest. There are exceptions, often for crimes when the investigator has been in regular communication with the suspect, however, if you are a suspect that has been in regular discussion with the police, you have made a mistake! Stop immediately!
Regardless of why you may suspect there is an active warrant for your arrest, lets discuss how you can find out:
What Details Must An Arrest Warrant Include In Order To Be Valid
Under California Penal Code Section 815, a valid arrest warrant is required to include:
- the name of the defendant
- the crime the defendant is accused of committing
- the date and time at which it was issued
- the city or county where it was issued
- the signature and title of the judge who issued it and
- the court where it was issued.
If the document does not include any of these items, the arrest may be deemed illegal and the circumstances of the case may be altered in the defendant’s favor.
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Obtaining A Search Warrant
Only judges and magistrates may issue search warrants. In Coolidge v. Hampshire, 403 U.S. 443 , the Supreme Court held that a warrant must be issued by a “neutral and detached” judge capable of determining whether probable cause exists. To obtain a warrant, law enforcement officers must show that there is probable cause to believe a search is justified. Officers must support this showing with sworn statements , and must describe in particularity the place they will search and the items they will seize. In Groh v. Ramirez, 540 U.S. 551 , the Court held that a warrant that lacks accurate information as to what will be searched is improper, and that a search which happens pursuant to that warrant is unlawful and violates the Fourth Amendment.
In Illinois v. Gates, 462 U.S. 213 , the Supreme Court held that when deciding whether to issue the warrant, a judge must must consider the totality of the circumstances, including an informant’s veracity, reliability, and basis of knowledge.
When Can Police Make An Arrest
To make a lawful arrest, the police need probable cause that the suspect committed a crime. Like the term arrest, no exact definition of probable cause exists. Generally, probable cause requires more than suspicion that a suspect committed a crime but less than proof beyond a reasonable doubt. Courts review all the facts and information surrounding the arrest when deciding if the officer’s belief in the suspect’s guilt was reasonable.
Let’s say Eric owns a store that sells smartphones. He calls the police to report that his store was burglarized by a woman with blonde hair driving a black car. He says she stole four phones, two purple phone cases, and a pair of headphones. The police see a black car speeding away from the store. The officers pull the car over for speeding and notice that the driver has blonde hair. The officers see three phones, two purple phone cases, and a pair of headphones on the passenger seat. The officers have probable cause to arrest the driver for the burglary of Eric’s store.
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