Warrants

In the criminal justice system, there are certain requirements that must be met before police or other law enforcement officials can search a residence or place of business, arrest a person, or conduct a variety of other operations. To gain permission to do these things, they must first obtain a warrant for that specific purpose.

A warrant is a type of authorization that is issued by a judge, magistrate, or other competent individual who has the ability to issue a warrant. This writ allows for an act that would otherwise not be legal because it violates the individual rights of a person to become legal. It also protects those who execute the action from certain damages when the act is performed.

If a warrant is not carried out properly or obtained properly before an arrest is made or a search conducted, it is quite possible that anything discovered during the search or arrest will be thrown out in court. There are procedures in place to protect the individual rights of people and courts typically do not look kindly on blatant disregard for those protections.

Warrants are issued by a court and are typically directed to a sheriff, constable, or police officer. The most common types of warrants are those for search, arrest, and execution, where applicable.

Until the middle ages, England used “general warrants” to prosecute individuals. This scary proposition ensured that a general warrant would not be legal in the United States. The Fourth Amendment is part of the reaction to this antiquated English practice.

Contact a Las Vegas Criminal Defense Lawyer

If you have been arrested or charged with a crime, contact a Las Vegas criminal lawyer from Palmer & Associates at 702-888-2222.