July 11, 2024 | Criminal Law
Law enforcement often needs a court order to perform certain types of actions. These actions include (but are not limited to) arresting someone, searching someone’s property, or attaching an electronic tracking device to someone.
The police will seek a warrant from a magistrate before they take any of these actions unless an exception applies. If you find yourself under criminal investigation, you need to understand how warrants work.
Arrest Warrant
An arrest warrant enables the apprehension of a person suspected of a crime. The police need probable cause before a magistrate will issue an arrest warrant.
Typically, the police will seek a warrant by contacting the magistrate with evidence that they believe adds up to probable cause. Probable cause is a reasonable belief, based on available facts and circumstances, that a crime has been committed or is being committed.
However, the police don’t always need a warrant to arrest someone. They can arrest someone without a warrant if, for instance, they have personally witnessed the crime in question.
Bench Warrant
The word “bench” refers to the bench that a judge sits on during court proceedings. A bench warrant is a warrant issued by a judge without consulting with the police. There are two main triggers for a bench warrant:
- The subject skips a required court date; or
- The subject fails to comply with a court order (a restraining order, for example).
Ultimately, a bench warrant is a special type of arrest warrant.
Search Warrant
A search warrant permits police officers to a court order that grants law enforcement the legal authority to search a specific person, place, or thing for evidence of a crime.
If they find evidence of a crime that way, they can seize it. If they gain probable cause to arrest a suspect that way, they may do so. The Fourth Amendment severely constrains the ability of the government to conduct searches.
The Exclusionary Rule
Under the exclusionary rule, which applies throughout the United States, the government may not use illegally seized evidence against a suspect.
They can even find a dead body in the suspect’s basement, for example, but they cannot use it to prosecute the suspect if the search is illegal under the Fourth Amendment. Be careful, however, because the exclusionary rule is very complex.
Have You Been Charged With a Crime?
The Ohio criminal justice system can be merciless to the uninitiated. The federal justice system is even worse. The two most important rules to remember if the government charges you with a crime are (i) don’t talk to the police and (ii) hire an experienced criminal defense lawyer.
Ohio criminal prosecutions move quickly. The earlier you involve a lawyer, the better your outcome is likely to be. Get started with a free consultation today.
Contact the Dayton Criminal Defense Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers For Help Today
For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (937) 531-0435 or visit us at our Dayton law office.
Suhre & Associates DUI and Criminal Defense Lawyers – Dayton
130 West Second Street #17-129
Dayton, OH 45402
United States