What Types of Warrants Are There?
Warrants play a vital role in Arizona’s criminal justice process. Arizona courts may issue various types of orders, including arrest, search, and bench warrants, each serving a different purpose.
Understanding how each type works, when it can be issued, and what rights you have in these situations is critical. Keep reading our blog to learn the differences between these warrants and how they can affect your case.
Arrest Warrants
An arrest warrant is a legal order issued by a judge that authorizes law enforcement to take an individual into custody. To obtain such an order, police officers must present a sworn affidavit to the court establishing probable cause that an individual committed a crime.
For the arrest warrant to be valid in Arizona, it must include:
- The full name of the person to be arrested (if known)
- The alleged offense
- The facts supporting probable cause
- The date and location at which the warrant was issued
- The signature of the issuing judge
Once issued, law enforcement officers may serve a misdemeanor warrant only during specific hours unless otherwise approved by the court. Felony warrants can be executed at any time, day or night.
Search Warrants
The Fourth Amendment of the U.S. Constitution protects Arizona residents from unreasonable searches and seizures. To conduct a legal search of your property or person, police typically must obtain a search warrant from a judge by demonstrating probable cause of a crime.
A valid search warrant must clearly specify:
- The location to be searched
- The items or evidence being sought
- The timeframe during which the search is authorized
Additionally, law enforcement must stick to the parameters of the warrant. For example, a warrant to search a garage doesn’t grant access to other parts of your property unless explicitly stated. However, officers may seize items in “plain view” that are clearly evidence of a crime (even if not listed in the warrant).
In some cases, police may legally conduct a search without a warrant (e.g., during a lawful arrest, if exigent circumstances are present, or if consent is given). Any evidence obtained through an unlawful search could be ruled inadmissible in court.
Bench Warrants
A bench warrant is different from an arrest or search warrant. Judges may issue bench warrants to order compliance with the judge’s instructions when someone fails to follow a court directive.
Common reasons for issuing a bench warrant in Arizona include:
- Missing a scheduled court appearance
- Failing to pay court-ordered fines or restitution
- Violating conditions of probation
- Ignoring a subpoena or court summons
Bench warrants authorize law enforcement to arrest an individual and bring them before the court. Ignoring such an order can lead to significant legal penalties.
How to Check for Warrants in Arizona
If you suspect there may be a warrant out for your arrest or appearance, there are several ways to check in Arizona:
- Arizona Judicial Branch – Some county court websites provide online tools to search for active warrants.
- Arizona Department of Public Safety (DPS) – DPS maintains a criminal history records section in which warrants may appear.
- Local Sheriff’s Offices or Police Department – Many law enforcement agencies offer public warrant search services or will provide information upon request.
It’s important to note that not all warrants appear online. Federal, state, and municipal courts may each issue warrants independently.
Contact the Tucson Criminal Defense Lawyers at Katsarelis Law Criminal Defense Attorneys for Help Today
If you’ve been notified of a warrant or believe one may exist, don’t wait to act. Speaking directly with law enforcement could put you at risk of incriminating yourself or making other mistakes that could hurt your case. An experienced Tucson criminal defense attorney can review your case, protect your rights, and aggressively fight for your freedom.
Contact Katsarelis Law Criminal Defense Attorneys to schedule a confidential consultation to learn more about your legal options.
Katsarelis Law Criminal Defense Attorneys
177 N Church Ave # 900, Tucson, AZ 85701
(520) 510-0439