Difference Between an Arrest Warrant and A Search Warrant Law Essay

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Difference Between an Arrest Warrant and A Search Warrant
A search warrant and an arrest warrant have several differences. A warrant is an important legal document that law enforcement officers are required before they can arrest a person or conduct a search. A grand jury or a judge issues the warrant. The warrant allows the law enforcement officer to detail a person and keep them in custody for a specific period. An arrest warrant is legal permission obtained from the courts if there is probable cause for law enforcement to believe that an individual is involved in illegal activity (Bonett, 2020). They are based on affidavits or sworn statements that are used to provide the reason for the arrest. The arrest warrant is only limited to arresting a person. On the other hand, a search warrant authorizes the police to conduct arrest, seizures, and searchers when collecting evidence to prove a crime. The scope of the search is limited to the locations and evidence named in the warrant.
Components of An Arrest Warrant or A Search Warrant
A warrant can only be executed properly if it contains several components. The three critical components of the warrant include;
* Probable cause or reasons why the warrant should be issued. The police officer should provide sufficient details to back up their suspicious. This also means that the officer has to prove the suspect’s intent to commit a crime (Hawkins, 2017).
* Description of the individual to be arrested. The information can include how the suspect looks, their location, and any other pertinent details.
* The document must be issued and signed by a detached and neutral magistrate or grand jury. This gives the police officers power and authority to place a citizen in custody (Bonett, 2020).
Probable Cause
The definition of probable cause in an arr...