Arrest warrant
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An arrest warrant is a warrant issued by a public officer which authorizes the arrest and detention of an individual.
Warrants are typically issued by courts but can also be issued by houses of Congress or other legislatures (via the call of the house motion) and other political entities.
In the United States, an arrest warrant must be supported by a signed and sworn affidavit showing probable cause that:
1. A specific crime has been committed, and
2. The person(s) named in the warrant committed said crime.
Hence, the form and content of an arrest warrant may be similar to the following:
- Municipal Court, Springfield Judicial District
- To any peace officer of the realm: Complaint upon oath having been brought before me that the crime of larceny has been committed, and accusing Nelson Muntz of the same, you are hereby commanded forthwith to arrest and bring that person before me. Bail may be admitted in the sum of $1,000.00. Dated: 15 May 1997. /s/ Bill Wright, presiding judge.
In most jurisdictions, an arrest warrant is required for misdemeanors that do not occur within view of a police officer. However, as long as police have the necessary probable cause, a warrant is usually not needed to arrest someone suspected of a felony.
A bench warrant is a variant of the arrest warrant. A bench warrant usually commands the arrest of someone for failing to show for a required court appearance.
Conviction rates of arrestees
Within the United States approximately 50% of those arrested are eventually convicted, and 25% of those sentenced will spend a year or more in prison. (1)