Arrest warrants in the United States
Warrants are typically issued by
courts
but can also be issued by houses of
Congress or other
legislatures (via the
call of the house
motion) and other
political entities.
In the United States, an arrest warrant must be supported by a
signed and sworn
affidavit showing
probable cause that:
- a specific crime has been committed, and
- the person(s) named in the warrant committed said crime.
Hence, the form and content of an arrest warrant may be similar to
the following:
- Municipal Court, Springfield Judicial District
- To any
peace officer of the
realm:
Complaint upon
oath
having been brought before me that the crime of
larceny has been committed, and accusing
Nelson Muntz of the same, you are hereby commanded forthwith to
arrest and bring that person before me.
Bail
may be admitted in the sum of $1,000.00. Dated: 15 May 1997. /s/
Bill Wright, presiding judge.
In most jurisdictions, an arrest warrant is required for
misdemeanors that do not occur within view of a police officer.
However, as long as police have the necessary
probable cause, a warrant is usually not needed to arrest someone
suspected of a
felony.
A
bench warrant, sometimes also called a "capias," is a variant of
the arrest warrant. A bench warrant usually commands the arrest of
someone for failing to show for a required court appearance.
http://en.wikipedia.org/wiki/Arrest_warrant |
