Criminal Justice System/Process (Law)
Instructions: Briefly describe the difference between an arrest warrant and a search warrant.
What are the three essential components of an arrest warrant or a search warrant?
Compare the meaning of probable cause in an arrest warrant to the meaning of probable cause in a search warrant.
Why do you think a search warrant requires probable cause that the items to be seized are in the location to be searched, but an arrest warrant does not have the same requirement?
Solution.
Criminal Justice System/Process (Law)
A search warrant is obtained by the police as an investigative tool to procure possible evidence to advance a case against a known or unknown individual further. The police must prove to the judge that there is probable cause that evidence critical to their investigations can found at a particular place – a vehicle, house, boat, computer, etc (Hall, 2005).
An arrest warrant is issued for felony cases. Once law enforcement comes up with enough evidence against a suspect to show probable cause that this person committed the crime(s) being investigated, a judge signs the warrant for arrest and law enforcement officers will actively chase. It means you are wanted and are to be arrested on the spot.
A Search Warrant is made up of three parts; first, it must be signed by a neutral and detached magistrate. Second, it must show clear probable cause. Finally, it must be in line with the provisions of the Fourth Amendment’s particularity prerequisites.
A judge issues a search warrant when the police can prove that it is likely that the search will unearth illicit activity, products or evidence of a crime. The police must be able to piece together out objective circumstances leading them to believe that a particular person is a suspect who committed a crime (Welch & Fuller, 2014).
An arrest warrant is issued for a particular individual upon a showing of probable cause. Since a person is highly mobile, it must apply to wherever he/she on the spot within the jurisdiction of the authority. Search warrants, on the other hand, will be issued upon probable cause as well but are for the specific property, since the property does not move, the search warrant is only applicable to that geographical area.
Works Cited
Hall, J. (2005). General principles of criminal law (1st ed.). Clark, N.J.: Lawbook Exchange.
Welch, C. & Fuller, J. (2014). American criminal courts (1st ed.). Boston, Mass.: Anderson Publishing/Elsevier.