arrest warrant
An arrest warrant is a document issued by a judge or magistrate that authorizes the police to take someone accused of a crime into custody . An arrest warrant is issued by the competent authority upon a showing of probable cause , which means a warrant may be issued if a reasonable person would believe the information at hand is sufficient to suggest criminal activities.
Arrest warrants serve the purpose of protecting people from unlawful arrests under the Fourth Amendment . The warrant also gives an actual notice to the person or persons being arrested about the charges pressed against them.
An arrest warrant is preferred, but not required, to make a lawful arrest.
In City of Saint Paul v. Adolph Toblera , the Supreme Court of Minnesota defined an arrest warrant as “a judicial process by which, in the name of the state, a defendant is brought before the court to answer a criminal charge made against him.”
In Bienenstock v. McCoy et. al. , the Supreme Court of New York stated that an arrest warrant “is a judicial order or command, in writing, in the name of the people, signed by an authorized judicial officer commanding the arrest of the defendant named for the crime charged therein.”
[Last reviewed in February of 2025 by the Wex Definitions Team ]
Wex