Warrant Confusion
Warrants allow the police to lawfully obtain a specific commodity. This
can be in either the case of a search warrant or an arrest warrant,
which are often confused. A search warrant allows a police officer the
right to search a specifically outlined location for a specifically
outlined commodity. Upon finding the commodity the officer has legal
right of seizure.
This is in comparison to an arrest warrant, where a police officer has
the right to lawfully arrest an individual for specific reasoning. Both
warrants are issued through judges and are only given to the police,
the Drug Enforcement Agency and the Federal Bureau of Investigation. A
warrant will only be issued through profound evidence. Those with
outstanding arrest warrants can either be arrested in the state of
Wisconsin or have the warrant extradited to another state for an
arrest. Penalties for this kind of warrant vary with the crime and can
include several kinds of criminal acts.
Procedure
Under Wisconsin and federal law police officers are required to first
knock and announce the warrant of arrest. If there is no answer, and
knowing the individual is inside the vicinity, the police officer may
then use force to enter. Many have contested this law for destroying of
property, though no charge has been made.
If a police officer has reason to believe that knocking and announcing
will lead to the destruction of evidence or harm to him or herself, the
officer may then automatically enter the vicinity. The only portions of
a building that can legally be destroyed for entering include windows
and doors.
Bench Warrant
A type of arrest warrant in Wisconsin, as well as other states, is the
bench warrant. A bench warrant is issued when an individual does not
appear in court upon a summons. The presiding judge may choose to issue
this kind of warrant and have the national, state, or local authorities
obtain the individual. Instead of being directly taken to a law
enforcement agency, the individual will automatically be taken to the
court of the issuing judge. Depending on the circumstances and the
interest of the individual to the court, penalties could be severe.
Searching
Upon arresting an individual under an arrest warrant, the police will
list the Supreme Court's Miranda Rights. Officers also have the right
to search the individual as well as the immediate area for protective
purposes, evidence, and escape. Commodities that are in connection with
a case may be seized legally.
Outstanding Warrants
Each state, include Wisconsin, has many outstanding arrest warrants.
Some states can have millions of warrants at one time. Individuals
pegged as "most wanted" for specific crimes have arrest warrants issued
in their names. Some individuals may not know of a warrant for their
arrest before action is taken.
In some circumstances, such as identity theft reasons, an individual
will be arrested a distant time period after the crime. The Internet
has several databases and search engines that allow citizens to search
for outstanding warrants. Each state has its own section, with some
broken into counties and cities.