Warrant (law)
A warrant is generally an order that serves as a specific type of
A warrant is usually issued by a court and is directed to a sheriff, a constable, or a police officer. Warrants normally issued by a court include search warrants, arrest warrants, and execution warrants.
Types
- Arrest warrant, issued by a judge to detain someone
- Execution warrant, writ issued by a judge authorizing the death of someone
- Possessory warrant, a civil writ issued by a judge ordering property searched for, then delivered to a named person
- Search warrant, a writ issued by a judge allowing law enforcement to look inside a property
- Warrant of committal, issued by a judge ordering enforcement of a previous order against an uncooperative person or corporation
- Warrant of delivery, a civil writ issued by a judge ordering property delivered to a named person
- Warrant of execution, a writ issued by a judge allowing law enforcement officers to seize property
- Warrant of possession, an Australian judge ordered to terminate of a residential real estate tenancy
United Kingdom
In the
Perhaps the most well-known example of this occurred on 17 November 1558, when England was under the rule of a Catholic queen,
United States
History
For many years, the English, later British, government had used a "general warrant" to enforce its laws. These warrants were broad in nature and did not have specifics as to why they were issued or what the arrest was being made for. A general warrant placed almost no limitations on the search or arresting authority of a soldier or sheriff. This concept had become a serious problem when those in power issued general warrants to have their enemies arrested when no wrongdoing had been done. The
Practice
Under the Fourth Amendment to the United States Constitution a warrant is broadly required, which particularly describes the place to be searched, and the persons, or things, to be seized; no warrants may be issued without probable cause, and support by testimony before a judge.
The courts have recognized many warrantless searches, including exceptions for routine administrative or inventory searches, searches made under exigent circumstances, and searches made with consent.
A typical arrest warrant in the United States will take the approximate form of: "This Court orders the Sheriff or Constable to find the named person, wherever he may be found, and deliver said person to the custody of the Court." Generally, a U.S. arrest warrant must contain the caption of the court issuing the warrant, the name (if known) of the person to be arrested, the offense charged, the date of issue, the officer(s) to whom the warrant is directed, and the signature of the magistrate.[4]
Warrants may also be issued by other
The person being investigated, arrested, or having their property seized, pursuant to a warrant is given a copy of the warrant at the time of its execution.[citation needed]
See also
- Arrest Warrant of 11 April 2000 case, a case in public international law involving diplomatic immunity
- Warrant canary, a method used by Internet service providers to inform their customers that the provider has been served with a secret government subpoena
- Quo warranto, a writ requiring the person to whom it is directed to show what authority they have for exercising some right or power (or "franchise") they claim to hold
References
External links
- Craies, William Feilden (1911). Encyclopædia Britannica. Vol. 28 (11th ed.). pp. 327–327. .
- UK appointments made by warrant under the Royal sign manual—from the London Gazette