An arrest warrant is a legal document that gives police the go-ahead to take someone into custody, search their property or both. In order to have a judge sign off on an arrest warrant, police officers must have what is called probable cause. Probable cause means they have some evidence at hand that suggests that a crime happened or that something criminal might be found in a particular place.
A person may also be arrested without a warrant in some circumstances. This usually happens when they fail to show up for a court date in a civil or criminal case. When this occurs, a warrant for their arrest is typically issued by the judge who is assigned to the case. It is important to contact a New York City warrant attorney immediately once you discover that you have an active arrest warrant or if you believe that police are searching your home or office illegally.
There are different types of warrants and the implications can differ greatly. One type is a bench warrant, which allows police to detain you in lieu of taking you into custody. It can be issued if a person fails to appear in court after being summoned, or it appears that there is a danger they will escape or injury could occur.
The other kind of warrant is an arrest warrant, which allows police to take someone into custody for a specific crime that they are charged with. The police must present a sworn affidavit to the judge or magistrate, given under oath, that establishes probable cause that the person named in the warrant committed a specific crime. An affidavit must also specifically describe the person to be taken into custody, not just give a broad description that applies to hundreds of people.