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Appeal a warrant?
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.
If a warrant is issued by the police why wouldn't someone get arrested?
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.
Is a vehicle search legal before you are arrested?
It can be a legal search if probable cause exists, or with consent.
What does the grand jury decide?
If sufficient "Probable Cause" exists to charge the individual wit the crime.
Why are probable cause warrants issued?
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."
How long does it take to get a warrant?
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.
What are the legal basis for arrest?
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.
What is an application and affidavit for search and seizure warrant?
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.
What is the law in Florida to search a vechicle when no crime was committed?
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.
Does there have to be evidence against someone for a federal warrant to be 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.
What is required for an arrest warrant?
probable cause
What is the significance of probable cause?
"Probable Cause" is the foundatiion on which all arrests are based. It is a reasonable belief that a person has committed a crime. The test for whether probable cause exists for the purpose of an arrest is whether facts and circumstances within the officer's knowledge are sufficient to warrant a prudent person to believe a suspect has committed, is committing, or is about to commit a crime. See: http://www.lectlaw.com/def2/p089.htm
