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Pages:
2 pages/≈550 words
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Style:
APA
Subject:
Law
Type:
Essay
Language:
English (U.S.)
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Topic:

Arrest Warrant and Search Warrant Difference in Essential Components and Probable Cause

Essay Instructions:

Single spaced
Answer the following questions. 1. Briefly describe the difference between an arrest warrant and a search warrant.
2. What are the three essential components of an arrest warrant or a search warrant?
3. Compare the meaning of probable cause in an arrest warrant to the meaning of probable cause in a search warrant.
4. 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?

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Arrest Warrant and Search Warrant
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Arrest Warrant and Search Warrant
Difference
An arrest warrant is an official document issued by a Judge or a Magistrate on behalf of the state or a specific jurisdiction to authorize police officers to identify and arrest a particular person or group of people. On the contrary, a search warrant is a legal document that allows police officers to access public and private premises such as buildings, residences, and business premises and search for potential evidence and counterfeit products (Rivera, 2020). The difference between an arrest warrant and a search warrant includes; an arrest warrant can be legally binding for months or even years. On the contrary, the latter expires within a relatively shorter time. Secondly, search warrants are always issued before arresting an individual or filing charges against an individual (Rehm, 2019). On the contrary, arrest warrants are often issued after the indictment, usually later within the timeline of a case for a criminal offense.
Essential Components
A valid search warrant or arrest warrant must constitute the following important components. First, they must be based on valid and reliable information confirming the probable cause to arrest or search an individual or premises respectively (Rivera, 2020). Secondly, a search warrant or an arrest warrant must have an official stamp or signature to confirm that they were issued by a detached or a nonpartisan magistrate. Lastly, a search warrant must conform to the Fourth Amendment, which vividly describes the person or places to be searched or the person or items to be seized.
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