An Arrest Warrant Has Been Issued

When a police officer has obtained a valid warrant to arrest a person, the arrest is lawful. An arrest warrant is a legal document issued by a judge or magistrate, usually after a police officer has submitted a sworn statement that sets out the basis for the arrest. When issued, an arrest warrant typically:

• Identifies the crime(s) committed;
• Identifies the individual suspected of committing the crime;
• Specifies the location(s) where the individual may be found; and
• Gives a police officer permission to arrest the person(s) identified in the warrant.

Challenging An Unlawful Arrest

At all stages of the criminal process, including arrest, police officers must protect citizens' constitutional rights, such as the right to remain silent and the right to be free from unreasonable searches. If these rights are violated, a court may deem the arrest unlawful and order the case against the arrestee dismissed, or certain evidence may be thrown out of the case. Click here to learn more about a defendant's rights when dealing with police.

While a criminal suspect may question the lawfulness of an arrest when it is happening, including the basis for the arrest and the actions of the police officers, that battle is best fought in court rather than on the street.

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