question.jpgIn Criminal Law

What is an arrest warrant?

Like a search warrant, an arrest requires probable cause. However, a warrant is not always required if, for instance, an officer sees the commission of a misdemeanor or felony, or - if a felony is not committed in the officer’s presence - there is reasonable grounds for making the arrest. Furthermore, the probable cause test for a search warrant is if there is a substantial probability that certain items which are the fruits, instrumentalities or evidence of crime are presently to be found at a particular place; the probable cause needed for an arrest is whether there a substantial probability that a crime has been committed and that the person to be arrested is the person who committed the crime.