Warrants come in different shapes and sizes. What they all have in
common is how they are issued. A judge will issue a warrant for a
specific individual for a specific reason, but only if that individual
has committed an offense. The state or Arizona governs its warrants
through state laws as well as federal laws. Depending on if the law is
federal or state, the procedures and rules for each situation may vary
and require enforcement with each warrant.
Specifics
The United States' Fourth Amendment to the Constitution ensures no
unreasonable seizures or searches. This means that in order for a
warrant to be legal, the warrant must be specific and detailed to the
specific property and individual. Arizona state law also requires
certain statutes for issuing a warrant by a judge.
Warrant Types
Arizona has differing types of available warrants. Much of the time
these include arrest warrants and search warrants. Search warrants
allow law enforcement to search a specific property for a specific item
in accordance with a criminal case. Arrest warrants allow law
enforcement to taken a specific individual into custody for criminal
actions.
Bench warrants are a type of arrest warrants that are specifically
issued when an individual is in violation of the court. These terms
include an individual on bail not appearing at a court appearance for
his or her criminal proceedings. Upon arrest, the individual will
usually be taken directly to the court rather than a law enforcement
agency.
Issuing a Warrant
Arizona law allows warrants to be issued prior to or following a
criminal act. If law enforcement has reason to believe illegal articles
or contraband are located at a specific residence, a judge may issue a
search warrant. If upon searching the residency the articles in
suspicion are discovered, an arrest warrant is not needed to take the
individual or individuals into custody. Warrants are often issued after
there is a law enforcement complaint towards a specific criminal action.
Warrants are not necessary in every situation. If an individual allows
a law enforcement officer to search his or her residency or automobile
and incriminating evidence is surfaced, the officer has the right to
take that individual into custody. Also if upon questioning evidence is
in plain sight, an individual may also be arrested without the
necessity of a warrant.
Arizona revised statutes 13-3854 allows private citizens and law
enforcement officers to take an individual into custody if enough
reasonable information is present for the individual to have been
sentenced to at least one year of incarceration or punishment by
capital punishment. These include felony offenses.
Finding a Warrant
Sometimes an individual may not know that he or she has a warrant for
his or her arrest. This is normally possible in identity theft cases as
well as fraud cases. The Internet allows the search for arrest warrants
through different databases and search engines.
Arizona specifically has search engines by county and city. Some
services are available for free while other can be purchased for thirty
to forty dollars. Criminal defense attorneys also have access to arrest
warrants and can also give advisement if a warrant is present.