Understanding the Basics of Arrest Warrants and Search Warrants

 Posted on March 27, 2020 in Criminal Attorney

While both contain the word "warrant,"arrest warrants and search warrants are quite different from one another. Atour criminal defense firm, we are frequently asked about these two concepts atthe same time, so we thought we would address them in this blog post. If youhave further questions after reading this post, don't hesitate to contact ouroffice and speak with a criminal defense attorney about arrest warrants and/orsearch warrants.

Warrants in General

A warrant is a document issued by a judgeor grand jury, empowering law enforcement to conduct some type of activity thatwould typically violate someone's constitutional rights. In the case of anarrest warrant, police are authorized to arrest you. A search warrant allowslaw enforcement to search a particular location for specific evidence. Thereare many instances where law enforcement does not need a warrant to arrest orsearch you.

Arrest Warrants in Florida

Arrest warrants are issued by a grand juryor a judge when there is probable cause to believe that a crime was committedand that you are criminally responsible. To meet this probable cause burden,police officers must submit sworn statements in the form of affidavits. Theprobable cause in these affidavits can be based on the police officer'sobservations and/or information provided by witnesses. A judge will review theaffidavit(s) and determine whether the arrest warrant should be issued.

Search Warrants in Florida

A search warrant is a legally enforceabledocument from a judge, allowing law enforcement to search a specific locationfor specific evidence. In most instances, a search by law enforcement without asearch warrant would have been unconstitutional, but by acquiring a searchwarrant, law enforcement can usually justify the legality of the search. Asearch warrant must state the evidence to be discovered with reasonableparticularity. Search warrants also expire. Law enforcement has ten days fromthe issuance of the search warrant to execute it; otherwise, they need to goback and make a new showing to the judge.

Concerned About an Arrest Warrant or Search Warrant

Arrest warrants and search warrants are complicated subjects. Entire classes and books focus on these topics alone. If you are concerned about an arrest warrant or a search warrant, contact our office now and speak with a Miami criminal defense lawyer about the matter. Call our office now for your free consultation, 305-615-1285 . If you've been arrested, your freedom is no laughing matter, call us now and see how we can help you.