March 20, 2020 | Criminal Defense
A warrant is a document that is issued by a court that gives police permission to take some specific action. There are several different types of warrants including searching a location or person, arresting someone, or seize a piece of property. They are detailed documents that only allow for certain actions. Any evidence collected or seen could be thrown out of court if the warrant is not executed correctly and precisely.
Warrants are outlined in the Fourth Amendment to the U.S. Constitution. This a prohibition on unreasonable searches and seizures. The purpose of the amendment is to protect U.S. citizen’s right to privacy and to allow them to be free from unnecessary intrusions by the government. This means that a warrant can only be issued if there is probable cause.
What happens if you have an Out of State Arrest Warrant?
If you have a warrant out for your arrest in another state and the police find you, you will be arrested. However, you will be taken into custody in that state. The state that issued your arrest warrant cannot cross state borders and arrest you in a different state jurisdiction. Each state has different rules for detaining someone who has a warrant in another state.
The process of sending you back to the state that issued the arrest warrant is known as extradition. Depending on the crime you committed, you may be forced to go back to the original state to face your charges. It can be an expensive process so it is generally only used for serious crimes like trafficking, drug charges, or violent offenses.
In general, the state will hold a hearing that proves you are the person in the warrant. The arresting officer must tell you why they are taking you into custody and why you are being detained if you are caught in Indiana with an arrest warrant in another state. The hearing will be held where you can respond to the warrant. You can waive the extradition process and wait 30 days, usually in jail, to see if the original state will pay for your extradition.
It is always advisable to seek counsel in these circumstances. If you have been accused of a minor crime, they can usually help you fight the charges and avoid the extradition process. For more serious crimes, they can walk you through the extradition process and let you know if it is in your best interest to waive the process or not.
What is an Out of State Arrest Warrant?
Despite what you may have heard or seen on TV; an arrest warrant is not limited to a state line. This means that you can still be arrested if you have an arrest warrant in State A for an assault but you cross over into State B. When warrants are issued, they are entered into the FBI’s searchable database. This database is accessible to all law enforcement agents in the whole country.
If you have a warrant out for your arrest in another state and you are pulled over by a police officer, they will be able to access that information when they run your name through the system. An arrest warrant could also hinder your ability to get a job or get a license in a new state. The company or the DMV may conduct a background check on you. If they do this, they will be able to access the database and see the warrant out for your arrest.
An arrest warrant is an order issued by a judge or magistrate that permits law enforcement agents to take someone into custody who is facing charges. Probable cause for an arrest warrant is shown when there is a reasonable belief that a crime has been committed. This is usually demonstrated by a police officer taking an oath before a judge about the accused and the evidence they have that they may have committed the crime.
A bench warrant is issued when a defendant does not follow the rules of the court. The literal meaning is that they were not physically sitting on the bench in front of the judge when they were ordered to appear. These are often issued when a defendant fails to show up for some type of court proceeding. The most common reason for this is that they have decided to flee the area or jump their bail. Once it is issued, it is treated like an arrest warrant and law enforcement can use the document to bring the defendant back to the jurisdiction to sit before the judge.