List the requirements of a valid arrest warrant.

Question

What will be an ideal response?

Answer 1

The investigator is not relieved of all responsibility for the legality of the arrest simply because a warrant was obtained. The investigator must be aware of what constitutes a valid warrant to ensure that the one he or she possesses permits a legal arrest.

1. An arrest warrant is a judicial order commanding the person to whom it is issued or some other person to arrest a particular individual and to bring that person promptly before a court to answer a criminal charge. The arrest warrant generally must be written. By legislation, some jurisdictions allow for verbal authorization supported by written authorization in warrant form that is issued later.
In most cases, particularly major felonies, the warrant must be issued by a judge who personally reviews the facts to determine the existence of reasonable grounds as required by the Constitution.
2. The warrant must be supported by an affidavit-a written statement of the information known to the officer that serves as the basis for the issuance of the warrant. In major cases, the requirements vary on whether the warrant must be issued in the county in which the offense occurred, but once issued, major case warrants can be served anywhere in the state.