Understanding the difference between a California arrest warrant and a search warrant is crucial. These warrants, commonly used by law enforcement to investigate and arrest individuals suspected of committing a crime, come in two main types: arrest warrants and search warrants.
Our Los Angeles criminal defense law firm frequently handles queries about the validity and function of arrest and search warrants. We find it beneficial to offer a comprehensive review of each type's function and purpose in the context of criminal defense.
An arrest warrant is an authorized document from a judge that allows law enforcement to arrest someone based on probable cause that they committed a crime. Clearly, if law enforcement observed someone committing a crime, this would establish probable cause for an arrest, making a formal written request for a warrant unnecessary.
Arrest warrants are used in situations where a crime was not committed in the presence of law enforcement – such as in most cases where a crime was reported after the fact.
To give readers a better understanding of the difference between an arrest warrant and a search warrant, our Los Angeles criminal defense attorneys are providing an overview below;
Arrest Warrants in California
Arrest warrants have to be judicially authorized, meaning a law enforcement officer with information about an alleged crime will present the evidence to a judge to establish probable cause.
It takes the form of a sworn declaration from the officer, outlining their suspicion that you have committed a crime. If the judge finds that probable cause has been established, they will sign the arrest warrant, which includes your name, the type of crime, the county of issuance, and the judge's name.
It's a myth that police can't enter your home without an arrest warrant. If law enforcement has lawfully obtained an arrest warrant, they can legally enter your home if they have a reasonable belief you are inside.
They are even allowed to use force to enter your home, but if you are a guest in another home, they aren't legally allowed to execute the arrest warrant. In this situation, they would be required to obtain a search warrant.
In some cases, a warrant will be obtained directly by a Los Angeles District Attorney after a law enforcement detective presents a case to their office and they decide to file criminal charges. This is commonly known as “filing a case with a warrant, “meaning you could be arrested at any time. If you are arrested on this type of warrant, you will be transferred to a court for arraignment within 48 hours unless you bail out of custody.
Grand Jury Indictment
Another way for an arrest warrant to be issued is following a grand jury indictment - which is a panel of members of the public that make probable cause determinations – after hearing with evidence by a prosecutor.
The proceedings are in secret, and if they determine enough evidence exists to charge you with a crime, they will issue an indictment. The judge who presides over the grand jury will issue an arrest warrant to accompany the indictment.
Search Warrants in California
Search warrants have a distinct function from arrest warrants. They give law enforcement judicial authorization to search for a specific person, place, or item. If found in the search, the evidence will be used as evidence that a crime occurred. Police can request a search warrant in a similar process to an arrest warrant.
Under the Fourth Amendment of the United States Constitution, a search warrant has to state particularity, the person or places that will be searched – and will only be issued it probable cause if established.
By law, a search warrant must be based on probable cause to believe that searching a specific person or place will result in relevant evidence being recovered. There is an exception for items found in plain view during a search – meaning illegal items clearly visible can be used against you.
For example, if law enforcement enters your home with a search warrant for a relative with an active arrest warrant – observe drugs on the table – they can lawfully seize them and against you or the relative – even though the search warrant was limited to the relative.
Statement of Probable Cause for a Search Warrant
A " probable cause statement " in the application and affidavit establishes probable cause for a search warrant. A law enforcement officer can request a search warrant from the court in a process similar to requesting an arrest warrant.
They will swear under oath to a judge that they have evidence to believe that a crime occurred, and a search of a person or place is needed to obtain evidence.
If the judge who reviews the affidavit determines the probable cause standard was met, they will give authorization by signing the search warrant. After the search warrant has been signed, law enforcement will execute the warrant and search.
It should be noted that there are some restrictions on law enforcement's ability to execute warrants. For example, a search warrant expires after a certain amount of time.
Also, search warrants can't be executed during certain hours—such as late night or without a knock and announce—but a judge could authorize a late night, no-knock raid if there are concerns over officer safety.
Motion to Suppress Evidence
Search warrants are often the subject of a motion to suppress under California Penal Code 1538.5. The primary issue is whether a search warrant must be supported by probable cause.
Suppose a judge determines later the warrant shouldn't have been authorized because it lacked sufficient evidence. In that case, they can suppress and exclude all seized items during the execution of the search warrant from the criminal case. There are some exceptions to this suppression rule – such as good faith by law enforcement.
Suppose you or a family member were targeted with an arrest or search warrant. In that case, you need to consult with our criminal defense law firm about challenging the process, possibly seeking suppression of evidence and options for clearing the warrant.
We exclusively practice criminal defense and have decades of combined experience in prefiling intervention, courtroom negotiations, and jury trials. If you are under investigation, or already charged with a crime, rest assured that our firm is well-equipped to help you navigate the legal process.
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