What Are the Differences Between Search Warrants and Arrest Warrants?
Key differences between arrest warrants and search warrants include:
Generally, a search warrant must be issued before the filing of charges or the arrest of an individual. In contrast, an arrest warrant may be issued much later in the “timeline” of a criminal case. In a typical criminal case, the trial begins after an indictment (a formal charge against an individual, brought by a special jury known as a “grand” jury). Search warrants are issued before there is even an official “case,” let alone the involvement of a grand jury by way of indictment.
Arrestwarrant, however, may be issued after the indictment. Search warrants must be supported by probable cause at the time of the search. In contrast, a grand jury finds probable cause to arrest an individual, and then arrests the person, perhaps days after the alleged crime has been committed.
Searchwarrants typically contain an expiration date. A search warrant is generally valid for several days to several weeks Arrest warrants have a much longer duration. If, for example, a warrant is issued for a person’s arrest, and the person is not arrested because they are hiding, or have fled to another country, a judge may issue a bench warrant.
benchwarrantsallow the police to arrest someone on sight. Generally, there is no legal requirement that a bench warrant contain an expiration date. A bench warrant, therefore, allows for the arrest of an individual many years after commission of an alleged crime.
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Explanation:
What Are the Differences Between Search Warrants and Arrest Warrants?
Key differences between arrest warrants and search warrants include:
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