Warrants - Information for Writers

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 (Photo credit: derekskey)

“He might have read about someone being a drug mule and swallowing deflated balloons with cocaine in them. Same scenario. He could have made the leap. If he had breaded the diamonds, it would have created issues with the fourth amendment and due process. If we really thought he had breaded them, we’d have to arrest him and hold him long enough for his natural due process to occur. Believe me, that search is no fun.” I grimaced.
    “Believe you? You’ve searched someone’s feces before?” Striker’s lips curled in disgust.
                                                 ~ Missing Lynx

* This blog is based on an interview with a Virginia police officer. The officer has asked that his name and
   image be withheld for his privacy.

Arrest Warrant

* In order for an arrest to be effected there must be probable cause and an arrest warrant

   (when an officer is not involved in an immediate case).

* The warrant is issued by a magistrate based on the affidavit from the police. An affidavit is simply a 

   declaration made under oath.

* According to the 4th amendment the arrest warrant must particularly describe the person who is to 

 (Photo credit: Wikipedia)

   be seized. Without the description the warrant is

   invalid.

* Mittimus - is a writ to convey a person to jail

Video Quick Study (2:43) Attempt to arrest a juvenile
                                         without a proper warrant
Video Quick Study  (1:54) Warrant serving does not always go well.

Video Quick Study (1:45) Doing a warrant sweep.

* Bench Warrant - 

  ~ Allow for the immediate on-sight arrest of a person

  ~ Usually for contempt of court where someone failed to come to a hearing.

  ~ Issued by judges or magistrates

  ~ Cases can be criminal or civil in nature

English: Bench Warrant for Sam Jain's arrest. (Photo credit: Wikipedia)

*Outstanding Arrest Warrant - is a warrant that has not been served.

  

 (Photo credit: Wikipedia)

Warrantless Arrests - 

So, if a warrant is required to make an arrest, why are police officers handcuffing folks and taking them away without the proper procedures?

 (Photo credit: David Holt London)

Officers can arrest an individual if

* They are hurting themselves or others

* Causing damage to property

* Taking property (causing loss)

* Offending public decency (exposure, drunkenness, etc)

   Link to blog article about my experience with an exigent

   situation

* Unlawful obstruction say of the highway for example.

* To protect someone, such as a child or other vulnerable

   person who is being threatened

* If the officer thinks that the person will disappear and not

   cooperate if they wait for an arrest warrant to be issued.

* To allow for quick investigation of a law that is believed to

   have taken place.

The officer will take the suspect to the magistrate and will present their understanding of the situation, the suspect will be allowed to have their say. If there is enough probable cause, the magistrate will issue the warrant at that time. 

The magistrate will consider the officer's understanding of which crime has been committed and either accept that charge, upgrade the charge, or downgrade the charge.

Search warrant - 

The capacity to search and/or seize items from a person, car, or building is based on the fourth amendment.

Without a warrant the officers must have permission to search.

Video Quick Study (2:34) Lawyer explains search warrants

THREE WAYS TO GAIN A SEARCH

* Exigent Circumstances (emergency circumstances) mean a search warrant is not required. 

   ~ There is no definition for this.

   ~ Clear evidence of probable cause

   ~ Likelihood of evidence destruction
      Video Quick Study (3:23) Further explains this concept

* Search Warrant

   Video Quick Study (5:21) SWAT team breaking in on a search warrant

   Video Quick Study (2:08) No search warrant means that permission is required before an officer

                                           can search

   Video Quick Study (2:25) Explains about fourth amendment and warrants

   Video Quick Study (1:33) Drug dogs cannot be brought onto a property without a search warrant.

* Permission

   Video Quick Study (5:24) Lawyer addresses tactics used by police to get a citizen to consent to a search.

 (Photo credit: Wikipedia)

* Officers can stop and frisk if they believe that a person has
   committed or is about to commit a crime. (Terry v. Ohio, 1968)
   NOTE: frisk and search have different legal definitions.

   They must have probable cause such as

   ~ plain view
      Video Quick Study (3:29) plain view explained.

   ~ plain touch - so for example if they come across drugs or stolen
      property while patting someone down for weapons.
      Other than that they need a warrant -  legal order signed by a 
      judge.

* Once your character is arrested - they have the right to do a
    search of you AND around you like your car.
    If you are in your home, they can search the room you are in. (If
    you are standing in the kitchen, they can
    search that room but not your basement or bedroom.)
   Video Quick Study (3:29)

* The warrant specifies what they are looking for  - so if they are
   looking for a television set, the officers

   cannot look inside of a jewelry box. BUT if they went in to look
   for a TV and they come upon cocaine scales and drugs that are in
   plain view then that is a different matter.                                       

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