Information About Arrest Warrants & Outstanding Warrants
A warrant is a legal document that enables law enforcement officers to carry out a specific action against a person or persons, including placing them under arrest or searching their property for evidence of the commission of a crime. In the case of an arrest warrant, the officer is typically able to arrest the person named immediately, and will do so, as it is usually their agency that has requested the warrant in the first place. A person who has a warrant against them can be subjected to the action listed on the warrant at any time, in any place, regardless of whether or not they are actually guilty of illegal activity.
Should a law enforcement officer act on a warrant that has been placed against you, it is to your benefit to remain silent until you can secure the services of an experienced attorney. If you do not, you may say something that can be used to incriminate you in the court of law. At Martinian & Associates, we have considerable experience in helping those who have outstanding warrants, as well as those who have been charged with a crime. Our mission is to protect these individuals' rights and fight for the best possible outcomes in their case. We are available to assist you in regards to your warrant, and we will work tirelessly for a resolution that sees you able to avoid any significant legal action against you.
Understanding the Fourth Amendment Warrant Requirement
In most cases, a law enforcement officer's search, seizure or arrest can only be made if a warrant lawfully permits them to do so. However, this is not always the case. According to the Supreme Court, the wording of the Fourth Amendment allows for warrantless police conduct under some circumstances, assuming that it is still conducted reasonably. As defined by the Fourth Amendment, the following circumstances make permissible a warrantless police search, seizure and / or arrest:
- Probable cause existed in regards to a felony offense that was committed in a public arena
- Searches conducted after a lawful arrest was made
- Probable cause has ignited a police officer's suspicion that a motorist somehow violated a traffic law and should therefore be stopped, pulled over and searched (with the exception of a driver's car trunk, but for a few circumstances)
- Circumstances have led an officer to reasonably believe that criminal activity may be at play in a public arena
- "Exigent" (urgent) circumstances such as gun fire, fleeing, screaming or erupting fire have occurred
- Fixed checkpoints created by law enforcement officers looking to halt the passage of illegal aliens or cease drunk drivers from operating a vehicle
- A defective warrant prompted an officer to proceed under "good faith," unaware that his / her actions were actually unwarranted at the time they occurred.
While the Fourth Amendment has legally made such actions permissible, not always is the matter so clear-cut. It is not uncommon for an officer to argue his / her defense of actions under such circumstances when the case was anything but. It is therefore essential to the wellbeing of your future rights and freedoms to secure an aggressive, experienced legal defense attorney with the skills necessary to effectively represent you in court.