In the state of Iowa if an individual has a warrant for an arrest it
means that law enforcement has permission from a judge to take that
individual into police custody. Arrest warrants are normally issued
when an individual is the main subject of an investigation or he or she
was witnessed committing a misdemeanor or felony offense.
Before a judge a police officer or public citizen will swear that he or
she witnessed an offense and a warrant for arrest will be issued. Upon
an arrest the individual will be taken before the issuing judge to have
bail and a future court date decided. If the individual cannot post a
bond for bail, he or she will remain in police custody until his or her
court date. If bail is posted there is the possibility of a future
bench warrant.
Search warrants, on the other hand, are issued through a judge for the
purpose of search for a specific kind of evidence in a certain place.
Arrest warrants and bench warrants cannot expire, whereas a search
warrant can expire after a specific time period.
Bench Warrant
Bench warrants are only issued under certain circumstances, where
arrest warrants can be issued for almost any criminal offense. This
kind of warrant can succeed a past arrest warrant or can stand on its
own. If an individual on bail does not appear at his or her court date,
he or she can be served a bench warrant. The presiding judge can issue
a warrant to have the individual arrested and brought directly to the
court. When the offender is brought before the judge a new court date
will be established along with the possibility of a new bail amount.
Specifics
In Iowa an individual cannot be taken into custody under an arrest
warrant if he or she is only to be questioned by the police. Under
questioning an individual can only be asked to appear at a police
station and not by force of arrest. When an individual is arrested
under an arrest warrant in Iowa, as well as other states, the arresting
police officers must list the individual's Miranda Rights during the
arrest. Following the reading of Miranda Rights and individual is
technically in the custody of the police and cannot legally be released.
Unknown Warrants
It is possible for an individual to have a warrant for his or her
arrest without his or her knowledge. This is sometimes the case in
identity theft and fraud cases. Because arrest warrants are legally
binding it is important to know where to find warrants of arrest. Each
state, including Iowa, has many different websites on the Internet
allowing the search for outstanding warrants. Some databases and search
engines will divide each state into counties and each county into
cities.
Many services are provided at no cost, where more specific searches can
cost twenty-five to forty dollars. Criminal defense attorneys can also
be hired to search for arrest warrants. While hiring an attorney will
cost significantly more than an Internet search engine, an attorney can
also provide services and advice if an arrest warrant surfaces.