Clearwater Criminal Lawyer - Articles

Warrants

Warrants are a form of writ and are issued by a judge. They allow an act which is illegal without the warrant because it violates individual rights. In addition, they protect the person executing the search, arrest, etc. from damages that occur when the act is performed.

Typically issued by courts and directed to a sheriff, constable, or police officer, warrants exist in three main types. Search warrants, arrest warrants, and execution warrants are the three most common types of warrants.

Search warrants authorize law enforcement personnel to conduct a search of a person or location for evidence that relates to a criminal offense. If the officers find evidence, the search warrant will also authorize the officers to seize any evidence that is found.

All jurisdictions that have the rule of law and a right to privacy put restrictions on the powers of police investigators and typically require search warrants if the police want to search a residence.

Arrest warrants are issued by the state on behalf of the state. They authorize the arrest and detention of an individual.

Execution warrants are also called death warrants. They authorize the execution of a judgment of death (capital punishment) on an individual. In state cases, the execution warrant is signed by the governor of the state. In federal cases, the President of the United States signs the execution warrant.

While it may seem like search warrants are all encompassing, there are frequently restrictions placed on them by the court. In other instances, the officers will search the wrong place.

For more information concerning warrants of all types, please contact the Clearwater criminal defense lawyers of the Law Offices of Tragos & Sartes at 727-441-9030 to discuss your situation and to determine the best plan for a successful defense.