Arrest Warrant and Search Warrant in NY
There are two basic types of warrants that may be issued by a judge:
- Arrest warrant
- Search warrant
An arrest warrant gives the police the authority to make an arrest of a particular person for a particular crime.If police have reasonable suspicion that a crime was committed, then they can make an arrest without a warrant. If you are arrested, law enforcement can search you and the area around you (meaning they can check and search the area within an arms length ) to find evidence they think is related to the crime.
If you are arrested without a warrant (referred to as warrantless arrest), you are entitled to a timely hearing to see if there is enough evidence to be formally charged with a crime.Even if there is not enough evidence at the time and you are released, it is still possible for you to be arrested for the same crime at a later date.
If a search warrant is issued, it is usually carried out at the discretion of the police (note: the warrant may indicate when the search is to be conducted).The police are expected to announce when they enter the premises being searched unless they think evidence may be destroyed or lost.Everyone in the premises will be detained during the search pending the completion of the search. If evidence is found and there is probable cause to believe people detained had something to do with the crime, they may be arrested and charged with the crime for which the search was issued.
If the police don’t have a warrant and you give them permission to search you, your Fourth Amendment rights are waived and the search is considered legal. Any evidence found during this search can be used against you. However, it is illegal if you do not consent to the search. It is a violation of your Fourth Amendment rights, which protects you from illegal searches and seizures.
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
(for more information about protecting your rights go to www.flexyourrights.org or call 202-986-0861).
Arrest Warrant Search and Search Warrants
Active Arrest Warrants Information
How do I find out if I have any active arrest warrants?
A few things to keep in mind if you think that you might have active arrest warrants out on you.The last thing you should do is ask a police officer because he/she will have grounds to arrest you immediately. Try this confidential and discrete arrest warrant resource click here.
Is it a good idea to check?
It may be important to find out of you have any active warrants. Also, you could be the victim of identity theft (very common these days) where someone has stolen your identity and committed a crime in your name. If this has happened to you then you could have many active arrest warrants in different places. This is an awful situation to be in and very difficult to prevent.
