Arrest Warrant Guide

Mississippi Arrest Warrants

Arrest warrants state that an individual who committed an offense is to be taken into police custody. Such warrants are issued from a judge and through police testimony. Once an individual has a warrant out for his or her arrest, he or she will be sought for whatever amount of time it takes for an arrest. This is possible because both arrest warrants and bench warrants do not expire.

Bench warrants are arrest warrants issued when an individual does not appear at his or her court date. The individual must be out on bail and be seen as a flight risk in order for the presiding judge to issue a bench warrant.

Warrant Specifics
When individuals with warrants of arrest are taken into custody they are normally presented at a police station. When an individual is taken into custody under a bench warrant, he or she is often taken to the court and the warrant-issuing judge. Those arrested for bench warrants normally receive additional charges for the necessity of issuing a bench warrant.

Both arrest and bench warrants differ from search warrants because search warrants can expire. Search warrants only allow law enforcement officers to search a specific residence for a specific commodity, whereas an arrest warrant or bench warrant allows officers to search wherever necessary. Unless a commodity is listed in the warrant or is in obvious sight, a piece of evidence cannot be taken.

Arrest warrants allow law enforcement officers, if necessary, the right to break into a residence in order to take an individual into custody. This is not viewed as an infringement of rights if the individual is a danger to him or herself, the law enforcement officers, or others.

Arrests
Mississippi law allows private persons or officers to arrest any individual without the necessity of a warrant. This is only possible under certain circumstances, including breaching peace, committing an indictable offense, or committing a felony. Felony offenses do not need to be committed in a private person or officer's presence, though the officer must have reasonable grounds for suspecting the individual to have committed an offense.

When an individual is arrested with or without a warrant, he or she must be informed of why he or she is being taken into custody and have his or her rights listed. This kind of information does not need to be stated, other than personal rights, when the individual is arrested while in the act of committing the offense.

Arrests are also possible for individuals with other outstanding warrants. For instance if a law enforcement officer witnesses an individual committing a misdemeanor offense, he or she can take that individual into custody if another warrant of arrest is outstanding. Arrests with or without warrants are possible in Mississippi if an officer has probable cause to suspect an individual committed an illegal offense within the past twenty-four hours, including domestic violence or misdemeanor offenses.

In the case of two possible subjects, the officer must determine which individual was the principal aggressor before an arrest can be made. This can include a threat rather than a physical act.



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