Legal warrants are classified into search warrants and arrest warrants.
Both are legal documents issued through a judge. A search warrant gives
law enforcement officials the ability to legally search for and take
into custody a specific article or possession. If another article is
discovered while searching it cannot be taken legally.
If an article is in plain sight is can, however, be legally taken
without a warrant. An arrest warrant allows law enforcement to legally
search for and take into custody a specific individual who has
committed a crime. When searching for an individual the police officers
are required to announce their presence with knocking and voice, though
if a situation is deemed dangerous to the officers they have the legal
right to break into the residence's entrances. These include doors and
windows, but only if necessary.
Issuing
Before an arrest warrant is issued the police must have specific
evidence linking that individual to the crime. Significant evidence
must also show probable cause that the individual committed the
offense. A warrant for arrest will state the individual's name and
allow for his or her arrest and take into custody. If another
individual is present at the arrest, he or she cannot be arrested,
unless in the act of committing an offense.
Arrest warrants are not always necessary in arrests. If law enforcement
has probable cause that an individual committed an offense, an arrest
can happen without a warrant of arrest. This is only possible when in a
public vicinity or on public property. If an individual is in his or
her own home or on private property, he or she cannot be arrested in
Kentucky, unless an arrest warrant is present. The police may also
arrest an individual without a warrant in Kentucky if that individual
is dangerous to others and may destroy evidence to a crime. This is
also possible when contraband is in plain sight.
Bench Warrant
A bench warrant is a type of arrest warrant that is issued for one
specific purpose. If an individual is to appear in court - after being
let out on bail - and he or she does not appear at the designated time,
he or she can be brought into custody under a warrant. The presiding
judge has the opportunity to issue a bench warrant and the individual
will be brought directly to the court. When an individual does not
appear at his or her assigned court date the court will often assume
that he or she has jumped bail. Individuals brought to the court on
bench warrants can also have increased charges.
Searching Warrant
The state of Kentucky, along with other states, has specific websites
designated for searching for arrest warrants. These specific databases
have search engines categorized into cities and counties within the
state. Some websites offer services without fees, while others require
twenty to forty dollars for specific searches. Criminal defense
attorneys also have the authority to search for arrest warrants, though
fees can be high. Searching for arrest warrants can be important
because surrendering to the court can sometimes lead to lesser charges.