01 Sep 2023

Criminal Defense
A warrant is a court-issued document that grants police officers the right to conduct a search of a private residence or make an arrest. This can be a residential address, an office, or a privately-owned business that is open to customers. Several different types of warrants empower police officers and other forms of law enforcement to take different actions, but they are all used against specific individuals. If there is a police warrant out for you, a place you live, or your place of business, you need to contact an attorney immediately. Criminal warrants are no simple matter and need to be treated with the utmost seriousness. While they aren’t all meant to end in arrest, they are helping police officers work towards that goal. If not handled correctly, you can lose more than just your belongings but your freedom. Contact the criminal defense attorneys at Lermitte & Lubin, LLC today.

How Warrants are Used

Warrants can grant police officers the ability to enter:
  • Homes
  • Businesses
  • Vehicles
  • Other properties
Police warrants also allow law enforcement to enter these properties without the permission of the owner. They may also use the warrant to search any items on the premises or make an arrest if necessary. It's important to note that warrants must be served within a specific amount of time, depending on the state and type of warrant. In most cases, a police officer must serve the warrant within 48 hours or the document will become invalid.

How are Police Warrants Acquired?

Police officers obtain warrants through the judicial process. Here is a basic outline of the steps they have to take:
  1. Probable Cause: First, police must have probable cause to believe a crime has been committed. Probable cause is a reasonable belief based on facts or evidence.
  2. Affidavit: The police officer will then write an affidavit stating the facts and circumstances that led them to believe a crime had been committed. This affidavit may include statements from witnesses, surveillance footage, or other forms of evidence.
  3. Presenting to Judge: The police officer presents the affidavit to a judge or magistrate.
  4. Judge's Review: The judge reviews the affidavit to determine if it provides sufficient probable cause. If the judge believes there is enough evidence, they will issue the warrant.
  5. Issuance of Warrant: The warrant is then given to the police officer, who can use it to conduct a search or make an arrest.
  6. Execution of Warrant: The police must follow specific rules when executing the warrant, such as the time of day when it can be carried out and what locations can be searched.
Remember, this is a general process and might vary based on different jurisdictions between towns and types of property. Additionally, when police apply for a warrant, they must swear an oath that the information provided is true and correct. This is done in an attempt to ensure the court is being presented with reliable facts before issuing warrants. Once the application is approved by the judge, an official warrant will be issued to authorize a search, arrest, or another type of legal action.

What You Need to Know

As a citizen, it's important to understand your rights when it comes to warrants. If you're ever stopped by an officer with a criminal warrant, you have the right to request that they show it to you. You can also ask for a copy of the warrant and any other documents related to it.

Police Do Not Legally Have Endless Authority

It's also important to remember that police officers must abide by certain rules when executing warrants. This includes knocking or announcing their presence before entering the premises and identifying themselves as law enforcement officers. They cannot mislead you into allowing them into your home or other type of property.

Your Rights When Being Arrested

Finally, remember that you have the right to remain silent and can refuse to answer questions until your attorney is present. This will provide you with the best possible protection against any legal consequences related to a warrant. Do not hesitate to contact an attorney as soon as you are able, and do not speak to law enforcement for anything other than to ask for an attorney.

Contact the Criminal Attorneys at Lermitte & Lubin, LLC Immediately For Help

By understanding what warrants are, how they are attained, and when they can be used, you can protect yourself from potential legal issues. Knowing your rights regarding police officers is essential, and can help ensure that your rights are upheld in any legal situation. The attorneys at Lermitte & Lubin, LLC have extensive experience navigating the law concerning warrants. If you or someone you know ever encounters a warrant, contact our office for experienced legal advice and representation.

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