False - e2020 student (not enjoying this)
A warrant is issued by a judge who is satisfied that good (probable) cause exists. Generally the only way to end a warrant is to appear.
Warrants are NOT issued by the police. Warrants are issued by the court - they are then given to the police to carry out. The police operate on PROBABLE CAUSE, and if you know that they want someone, perhaps they do not have sufficient probable cause for an arrest or, perhaps, they may not have been able to locate the individual.
It can be a legal search if probable cause exists, or with consent.
If sufficient "Probable Cause" exists to charge the individual wit the crime.
For the "probable cause" that a criminal event has, or is about to occur, and by serving the warrant (search or arrest) the crime can be solved or prevented. Probable Cause (partial definition): " . . is more than mere suspicion but less than the amount of evidence required for conviction."
It depends on the case and how much evidence is involved. The police are required to find enough evidence that constitutes "probable cause". Once probable cause has been discovered and an adequate affidavit has been issued, the judge will issue the warrant. If the police can quickly find probable cause, the warrant could be issued in a matter of a couple hours. If the police are having trouble, it could take months to years.
A police officer must have probable cause in order to arrest someone. They can arrest a person if they see a crime taking place or if an arrest warrant has been issued.
No. Officers can only search your vehicle if 1) you consent or 2) if they have probable cause. If the officer has probable cause to search your vehicle, they generally won't ask you for permission, but will instead tell you that they are going to search your vehicle. Whether probable cause for a search exists depends on the circumstances.
It may be searched with the permission of the operator of the vehicle, or on probable cause to believe that a crime has been committed on, or within, the vehicle itself, or by the officers affidavit that probable cause exists to search the vehicle for contraband. Probable cause in the latter case may be established by the indications of a trained drug or explosives sniffing canine.
In order to obtain a warrant, a police officer / prosecutor must ask a judge to issue the warrant (the application) and submit evidence (usually his own sworn testimony in the form of a written affidavit) that the search/seizure is supported by probable cause.Additional; The "application" for a warrant is called an "affidavit." The statement of probable cause contained in the affidavit MUST satisfy the issuing judge that sufficient probable cause exists to satisfy the law. ONLY after the judge signs the affidavit is a legally sufficient warrant issued.
In the case of federal warrants being issued or not issued - it is not 'evidence' that matters it is PROBABLE CAUSE that must convince the Federal Juege or Magistrate to issue one or not, the same as in local or state warrants.
probable cause