Also known as: warrants arrest · warranted arrest · warrant arrests · arrest warrant · warrant for arrest
Written by attorneys · grounded in primary & secondary sources — see below
An arrest of a named person made pursuant to a judicial order issued on a complaint or affidavit establishing probable cause. The order must be executed by an authorized officer and commands prompt presentment before a magistrate. Execution in a private home requires the warrant plus reason to believe the suspect is inside unless exigent circumstances exist.
Federal agents investigating insider trading persuaded a building security chief to use a master key and enter Winston Ward's condo at night without an arrest warrant. They arrested Ward in his bedroom and seized documents. The court suppressed the evidence because the nonemergency entry into the suspect's home violated the warrant requirement.
A magistrate reviewed affidavits detailing text messages in which Wayne Walker received a tip about nonpublic earnings and immediately executed trades. Finding probable cause that Walker committed insider trading, the judge issued an arrest warrant at the government's request rather than a summons.
Select any source to read its text and confirm it supports the definition.
Officers conducted an unlawful stop of Wilma Wright but discovered an unrelated preexisting arrest warrant during the encounter. They arrested Wright on the valid warrant and found drugs. The court admitted the evidence because the warrant's discovery attenuated the taint of the initial stop.
An officer observed Warren Wu acting suspiciously near a closed store and conducted a brief investigative detention. Learning of an outstanding arrest warrant, the officer arrested Wu. The subsequent search incident to the warrant arrest yielded stolen goods admissible at trial.
Officers executed an arrest warrant for Winona Walsh at 9:30 p.m. and held her overnight in jail without presenting her to the available magistrate. The court found the delay unnecessary and ordered suppression of statements obtained during the prolonged detention.
Police arrested Winston West on a valid warrant obtained after an earlier unlawful entry. The court suppressed statements made during the arrest because they were the direct product of the prior constitutional violation under the fruit-of-the-poisonous-tree doctrine.
Absent exigent circumstances, officers need an arrest warrant and reason to believe the suspect is inside before making a nonemergency entry into the suspect's own home to effect an arrest. A landlord or building employee cannot consent to such an entry on the officers' behalf.
Supporting sources
The complaint or supporting affidavits must establish probable cause to believe an offense was committed and that the defendant committed it. Once that showing is made and the government requests a warrant, the judge must issue it to an authorized officer.
Supporting sources
No. When the warrant is preexisting and unconnected to the stop, its discovery can constitute an intervening circumstance that attenuates the taint if the officers' conduct was at most negligent and not purposeful or flagrant.
Supporting sources
…after its adoption show, common rumor or report, suspicion, or even strong reason to suspect' was not adequate to support a warrant for arrest. And that principle has survived to this day. . . . ". . . It is important, we think, that this requirement [of probable cause] be strictly enforced, for the standard set by the…