What is a Warrant?

Tucson Criminal Lawyer Explains Search Warrants and Arrest Warrants

The Fourth Amendment to the US Constitution protects us from unreasonable searches and seizures by the government.  One of the primary mechanisms of ensuring this right is the warrant requirement.  Searches and arrests made without a warrant are presumed invalid.  This means that in order to justify a search or arrest, the burden is on the government to show that the intrusion into a person's liberty and privacy was permissible by law, i.e. that if the officers did not have a warrant, they must show that their action falls within one of the (many) exceptions to the warrant requirement. 

But first, what exactly is a warrant?  A warrant is a court order, signed by a judge, authorizing the police to make an arrest or search a designated place (can be a car, home, business, garage, bank account, electronic record, or even a person's blood or DNA).  When a law enforcement officer seeks a warrant from a judge, they must swear under oath to certain facts that they believe gives them probable cause to search or arrest.  The judge will then review the evidence, as well as the officer's request, and either sign the warrant (authorizing the requested search or arrest), or denying it.  Sometimes, a judge will limit the scope of a warrant, or require the officer to first find more evidence first.  For example, if a suspect has been accused of using a large rifle in a crime, a judge may permit a search into that suspect's vehicle, but not grant a warrant allowing the officers to search purses and backpacks inside the vehicle, because those containers will not fit the contraband sought. 

ARREST WARRANTS
Most arrests are made without a warrant.  This is because there are many exceptions to the warrant requirement for an arrest.  Still, arresting a person in their home in a non-emergency situation will require an arrest warrant.  For a felony or domestic violence offense, officers may make an arrest if the information available to them gives them probable cause that the suspect has committed the offense.  For most misdemeanors, the police officer can only make an arrest if they see the crime take place, as part of a lawful citizen's arrest, or with a warrant.  Domestic violence cases in Arizona are handled differently, as Arizona law specifically authorizes officers to make domestic violence arrests in misdemeanor cases without witnessing the crime themselves (as the nature of domestic violence crimes is often inherently private).  An arrest warrant must be issued by a neutral judge or magistrate, who must determine based on sworn statements that there is probable cause to arrest.  The warrant must specifically state the person to be arrested, and the affidavit must not contain any known or reckless falsehoods.

SEARCH WARRANTS
In the same way that arrest warrants require police to get the approval of a judge to make an arrest, search warrants are required as a general rule.  Also like arrest warrants, this rule comes with exceptions.  To search a home, police officers will need to show a neutral judge or magistrate the evidence they believe justifies the search they wish to conduct, and swear under oath.  The judge will then review the evidence submitted and determine whether probable cause exists to grant the warrant.  A search warrant must specifically state the place or places to be searched, and the items to be searched for.  If police find other contraband while executing a lawfully granted search warrant, that evidence can be used in court against the possessor.  Judges can also restrict how and when a search warrant may be executed, specifically whether searches may be conducted at night, and whether the police must knock and announce prior to their entry onto the premises to be searched.  Recognized exceptions to the search warrant requirement include:  Consent, Automobile Searches (Requires Probable Cause), Exigent Circumstances, Hot Pursuit of a Known Felon, Imminent Destruction of Evidence, Plain View, and Search Incident to a Lawful Arrest.

CHALLENGING A WARRANT-LESS SEARCH OR SEIZURE
Challenging a warrant-less search or seizure is done by a motion to suppress evidence.  If the police search or arrest someone without consent, probable cause, or without fitting into a recognized exception to the warrant requirement, it may be possible to suppress the evidence found as a result of that search or seizure.  Motions to suppress evidence can be filed to challenge a bad traffic stop, unjustified stop and frisk, search unsupported by consent or probable cause, search incident to an unlawful arrest, and more.  If granted, a motion to suppress evidence will deny the government the ability to use some or all of the evidence they have against a defendant, often resulting in dismissal of the charges.  A motion to suppress evidence can be filed in Arizona state court or in Federal Court.  Because a warrant-less search is presumed invalid, the government must show that the action was lawful in order to oppose the motion.  This can be a very powerful tool for defendants, especially in drug trafficking cases, and requires a criminal defense attorney who is experienced and well-versed in constitutional law and motions.

CHALLENGING A WARRANT
When a warrant has been issued, a constitutional challenge may be more difficult, but is still possible.  First, both a search warrant and an arrest warrant require that the police officer's affidavit does not contain any known or reckless falsehoods.  Police will sometimes lie and use known false or unreliable information to obtain a warrant.  In these cases, there may be proof from other reports or testimony that the officer knew information in the sworn affidavit was false, misleading, or unreliable.  A warrant may also be challenged for vagueness, or for how it is executed.  A search warrant, for example, that authorizes only the search of a person's home, may not justify officers searching a mobile home in the driveway.  The most difficult warrant challenges to win are challenges to whether the warrant should have been granted by the judge based on the information presented by the police officer, but these kinds of challenges are not uncommon.

BENCH WARRANTS
One of the most common kinds of warrants is a Bench Warrant.  This is a warrant issued by a judge for a defendant's failure to appear in court.  When a judge issues a bench warrant, the defendant must then re-appear ("walk in") in the bench warrant to have it recalled, or can post bail.  Having a bench warrant for missing court is common, but not taken lightly by judges.  Only being hospitalized, incarcerated elsewhere, or on active military deployment will justify a failure to appear, but other reasonable excuses might persuade a judge to give you another chance.

LEARN ABOUT CHALLENGING UNLAWFUL STOPS AND SEARCHES

IF YOU OR A LOVED ONE HAS BEEN UNLAWFULLY SEARCHED, ARRESTED, CHARGED WITH A CRIME, OR MAY HAVE A WARRANT IN TUCSON, CONTACT THE TUCSON DEFENDERS NOW FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE ATTORNEY  520-585-5757

---

Search for a Misdemeanor Warrant:
Tucson City Court (Tucson City Limits)
Tucson Info for Appearing on Warrants
Pima County Justice Court (Rest of Pima County)

Search for Pima County Felony Warrants:
AZ Supreme Court Public Case Access
Search for Federal Court Warrants:
PACER Federal Case Lookup