Warrant in the United States
An order issued by a court authorizing the arrest of a person or the search of a specified location. The warrant requirement in criminal cases is found in the Fourth Amendment following the assertion of the people’s right to be secure against unreasonable governmental intrusions. A warrant must be obtained from an appropriate authority, usually a judge or magistrate. A request for a warrant must establish probable cause that the person to be arrested is linked to a criminal act or that the location to be searched likely contains particular seiz- able items. The warrant must describe in detail the people to be arrested or the items sought in a search. Slightly different from the arrest warrant is the bench warrant. A bench warrant is issued by a court and authorizes the seizure of a person. The bench warrant is most commonly used when a person fails to appear in response to a subpoena or when a person’s presence is required in a civil contempt situation.
See Also
Arrest (Criminal Process) Probable Cause (Criminal Process) Search and Seizure (Criminal Process).
Analysis and Relevance
A warrant authorizes an official governmental intrusion into personal security. Arrests or searches may be made without warrant if exigent circumstances exist. Such circumstances make it impossible or impracticable to obtain a warrant in advance of an action. Exigent circumstance exceptions to the warrant requirement are necessitated by situational demands, but also reflect that Fourth Amendment protections are not absolute. Use of exigent circumstance exceptions does place the burden of justification on law enforcement officers. Exigent circumstance searches include searches of automobiles, for example. The exigency or emergency is created by the unforeseen need to search and the fleeting opportunity to accomplish the search because of the vehicle’s mobility. A stop-and-frisk encounter is also an exigent circumstance. In Michigan v. Tyler (436 U.S. 499: 1978), the Supreme Court also permitted a warrantless search of a fire scene under the exigent-circumstance exception. The Court held that a burning building “clearly presents an exigency of sufficient proportions” to permit a reasonable warrantless entry. It would defy reason to require a warrant before entering a burning building. Once on the premises to fight the fire, police and fire officials are entitled under the “plain view” doctrine to gather visible evidence. A hot pursuit chase may also create sufficient exigency to allow a warrant exception. The exigent-circumstance principle takes cognizance of the impossibility of completing the warrant process in certain situations where making a search or an arrest may be demanded.
Notes and References
- Definition of Warrant from the American Law Dictionary, 1991, California
Warrant Definition
In its broadest sense, a writing from a competent authority, in pursuance of law, directing the doing of an act, and addressed to an officer or person competent to do the act, and affording him protection from damage if he does it. 71 N. Y. 376. In practice, it is largely confined to process of a criminal or quasi criminal nature, the more important being:
(1) Warrant of arrest, which is a writ issued by a justice of the peace or other authorized officer, directed to a constable or other proper person, requiring him to arrest a person therein named, charged with committing some offense, and to bring him before that or some other justice of the peace.
(2) Bench warrant, which is a process granted by a court, authorizing a proper officer to apprehend and bring before it some one charged with some contempt, crime, or misdemeanor.
(3) Search warrant, which is a process issued by a competent court or officer, authorizing an officer therein named or described to examine a house or other place for the purpose of finding illicit or contraband goods or goods which it is alleged have been stolen. Municipal Warrants. The name warrant is also given to a class of municipal securities, in the nature of a bill of exchange, drawn by an officer of a municipalWARRANT OF ATTORNEY ity upon the treasurer thereof. 19 Wall. (U. S.) 468.
Warrant in Foreign Legal Encyclopedias
| Link | Description |
|---|---|
| Warrant | Warrant in the World Legal Encyclopedia. |
| Warrant | Warrant in the European Legal Encyclopedia. |
| Warrant | Warrant in the Asian Legal Encyclopedia. |
| Warrant | Warrant in the UK Legal Encyclopedia. |
| Warrant | Warrant in the Australian Legal Encyclopedia. |
For starting research in the law of a foreign country:
Browse the American Encyclopedia of Law for Warrant
Scan Warrant in the appropriate area of law:
| Link | Description |
|---|---|
| Warrant | Warrant in the Family Law Portal of the American Encyclopedia of Law. |
| Warrant | Warrant in the IP Portal of the American Encyclopedia of Law. |
| Warrant | Warrant in the Commercial Law Portal of the American Encyclopedia of Law. |
| Warrant | Warrant in the Criminal Law Portal of the American Encyclopedia of Law. |
| Warrant | Warrant in the Antritrust Portal of the American Encyclopedia of Law. |
| Warrant | Warrant in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
| Warrant | Warrant in the Constitutional Law Portal of the American Encyclopedia of Law. |
| Warrant | Warrant in the Tax Law Portal of the American Encyclopedia of Law. |
| Warrant | Warrant in the and Finance and Banking Portal of the American Encyclopedia of Law. |
| Warrant | Warrant in the Employment and Labor Portal of the American Encyclopedia of Law. |
| Warrant | Warrant in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
| Warrant | Warrant in the Environmental Law Portal of the American Encyclopedia of Law. |
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| Resource | Description |
|---|---|
| Warrant in the Dictionaries | Warrant in our legal dictionaries |
| http://lawi.us/warrant | The URI of Warrant (more about URIs) |
| Warrant related entries | Find related entries of Warrant |
Legal Issue for Attorneys
In its broadest sense, a writing from a competent authority, in pursuance of law, directing the doing of an act, and addressed to an officer or person competent to do the act, and affording him protection from damage if he does it. 71 N. Y. 376. In practice, it is largely confined to process of a criminal or quasi criminal nature, the more important being:
(1) Warrant of arrest, which is a writ issued by a justice of the peace or other authorized officer, directed to a constable or other proper person, requiring him to arrest a person therein named, charged with committing some offense, and to bring him before that or some other justice of the peace.
(2) Bench warrant, which is a process granted by a court, authorizing a proper officer to apprehend and bring before it some one charged with some contempt, crime, or misdemeanor.
(3) Search warrant, which is a process issued by a competent court or officer, authorizing an officer therein named or described to examine a house or other place for the purpose of finding illicit or contraband goods or goods which it is alleged have been stolen. Municipal Warrants. The name warrant is also given to a class of municipal securities, in the nature of a bill of exchange, drawn by an officer of a municipalWARRANT OF ATTORNEY ity upon the treasurer thereof. 19 Wall. (U. S.) 468.
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Notice
This definition of Warrant Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
Practical Information
Note: Some of this information was last updated in 1982
A directive from a competent authority in pursuance of law, directing the doing of an act and affording the person protection from damage if he or she does it. See search and seizure (in U.S. law).
What is Warrant?
For a meaning of it, read Warrant in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Warrant.
See Also
See: Search Warrant, Arrest Warrant in this Legal Encyclopedia
See: Search Warrant, Arrest Warrant definition in the Law Dictionary
Further Reading (Articles)
WARRANTS, The Spokesman-Review (Spokane, WA); February 10, 2003
Outstanding warrants, The Spokesman-Review (Spokane, WA); May 8, 2000
Warrants for high-risk money-not for faint-hearted, Chicago Sun-Times; May 23, 1986; Susan Bondy
Warrants Have Finally Made It To The Turkish Capital Market., Mondaq Business Briefing; April 14, 2009
Warrants issued to customers., The Tax Adviser; November 1, 2003
Warrants Launched., Mondaq Business Briefing; May 14, 2009
Malton warrants’ theoretical market value, New Straits Times; April 20, 2002
SF Warrant Officers to Become Part of SF Officer Branch, Special Warfare; May 1, 2004; McPherson, William Jenkins, Douglas
OUTSTANDING WARRANTS, The Spokesman-Review (Spokane, WA); June 11, 2001
Warrant Officer, Special Warfare; September 1, 2006; Anonymous
Warrants, The Spokesman-Review (Spokane, WA); May 24, 2004
Selected warrants to remain active, good upside potential seen, BUSINESS TIMES, Business Times (Malaysia); August 18, 2003; Ishun P. Ahmad
Warrant backlog whittled down, St. Joseph News-Press; February 25, 2002; KRISTI BAILEY
PROBATION WARRANTS STACK UP, The Boston Globe (Boston, MA); February 17, 1988; John H. Kennedy, Globe Staff
Warrant Officer Corps marks 92nd year., Army Communicator; March 22, 2011; Welsh, David P.
Covered Warrants Make Way to Britain., Knight Ridder/Tribune Business News; October 31, 2002
Sustainment Warrant Officers’ Expanded Roles: The Army Combined Arms Support Command Has Charged Senior Warrant Offices with Facilitating the Reverse Collection and Analysis Team Program to Translate Observations, Insights, and Lessons Learned into Changes in Doctrine, Organization, Training, Materiel, Leadership, and Education, Personnel, and Facilities, Army Sustainment; January 1, 2012; Baugh, Wayne A.
Nikkei Warrants: U.S. Bears Meet Japanese Bulls, Futures (Cedar Falls, IA); April 1, 1990; Johnston, Richard Osgood, Sharil
Warrants to avoid, MALAYSIAN BUSINESS, Malaysian Business; September 16, 2002
WARRANTS OVERWHELM LAW AGENCIES.(News)(Statistical Data Included), Daily News (Los Angeles, CA); May 6, 2001
Warrant in the Federal Budget Process
Meaning of Warrant in the congressional and executive budget processes (GAO source): An official document that the Secretary of the Treasury issues upon enactment of an appropriation that establishes the amount of moneys authorized to be withdrawn from the central accounts that the Department of the Treasury maintains. Warrants for currently unavailable special and trust fund receipts are issued when requirements for their availability have been met. (For a discussion of availability, see Availability for New Obligations under Budget Authority.)
Resources
See Also
- Federal Appropriations
- Entries about the United States Budget Process in the Encyclopedia (including Warrant)
- Public Debt
Further Reading
- Legislatures and the budget process: the myth of fiscal control
(J Wehner, 2010)
- Reconcilable Differences?: Congress, the Budget Process, and the Deficit (JB Gilmour, 1990)
- Fiscal institutions and fiscal performance
(JM Poterba, J von Hagen, 2008)
Warrant in the context of Juvenile and Family Law
Definition ofWarrant published by the National Council of Juvenile and Family Court Judges:Legal document issued by a judge authorizing the search of a place and seizure of specified items found there (search warrant), or the arrest or detention of a specified person (arrest warrant). No hearing is required and the person need not be notified, but the court must be given probable or reasonable cause to believe that the warrant is necessary for apprehension before it issues a warrant. Affidavits are frequently used in establishing this probable or reasonable cause.
Warrant Definition in the context of the Federal Court System
An arrest warrant is a written court order authorizing official action by law enforcement officials, usually directing them to arrest the individual named in the warrant. A search warrant is a court order that permits a specific location be searched for items which, if found, can be used in court as evidence.
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