Criminal Procedure Essay Sample: Arrest Warrant vs. Search Warrant

Briefly describe the difference between an arrest warrant and a search warrant.

The primary difference between a search warrant and an arrest warrant is that; a search warrant provides the law enforcement officers with the permission to access a specific area, individual or property in search for evidence that is meant to help in an investigation process. While, arrest warrant provides the law enforcement agency the legal permission to arrest, hold or detain an individual. Therefore, a search warrant is issued by a judge before a warrant of arrest is issued regarding the same case (Marcus & Wilson, 2016).

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What are the three essential components of an arrest warrant or a search warrant?

The three essential components of search and arrest warrants are as follows. First, the warrants must be issued by a detached or neutral magistrate. This component shall help in ensuring that the magistrates are not seen to favor the prosecutor side. The second is showing of a probable cause that the items to be searched are linked with criminality. The third component is particularity. The warrant must indicate the items to be seized and their location. It also requires a proper description of the offender (Jorgensen, 2016).

Compare the meaning of probable cause in an arrest warrant to the meaning of probable cause in a search warrant.

Probable cause in an arrest warrant refers to the evidence and situation whereby a police officer or equivalent authority will convince a judge to believe that an individual is guilty of the alleged crime, therefore, allowing the authority to arrest regardless of the individual's location (Samaha, 2018). Probable cause relies on facts rather than suspicion. On the other hand, probable cause in an arrest warrant exists when the evidence known to an officer is convincing to allow the court decide that a search in a given location shall provide evidence that is crucial for a case. Therefore, allowing for a search warrant.

Why do you think a search warrant requires probable cause that the items to be seized are in the location to be searched, but an arrest warrant does not have the same requirement

I think a search warrant requires probable cause that the items to be seized are in the location to be searched because it is nearly impossible to move some properties such as a house, company premises, etc., from one location to another within a short time. On the other hand, an arrest warrant is permitted for individuals who are highly mobile hence cannot be found in a definite location.

References

Jorgensen, N. H. B. (January 01, 2016). Domestic Incorporation of International Criminal Procedure. Proceedings of the Annual Meeting, 109, 273-275.

Marcus, P., & Wilson, M. D. (2016). Criminal procedure. St. Paul, MN

Samaha, J. (2018). Criminal procedure. New York: Wolters Kluwer.