Warrants are a commonly used law enforcement tool during the investigation and apprehension of criminal suspects. The two types of warrants most frequently encountered by our clients are arrest warrants and search warrants.
Given the frequent inquiries about the scope, validity, and function of warrants, it's crucial to stress the pivotal role of legal consultation. Understanding and navigating the complexities of each warrant and how they are practically used in your criminal defense matter is best achieved with the guidance of legal experts. This knowledge empowers you, providing the necessary reassurance and guidance to handle the situation effectively.
Arrest warrants – as the name suggests – are judicially authorized documents that permit law enforcement officers to arrest and detain suspects based on probable cause that the individual has committed a crime.
When a crime is committed in the officer's presence and the officer therefore has probable cause to believe a crime has occurred, a formal written arrest warrant is not necessary. Rather, the officer will simply arrest the suspect on the spot.
Arrest warrants enter the picture where crimes are committed outside the officer's presence, such as when a crime is reported by a victim or witness hours, days, or weeks after the fact. Arrest warrants must be judicially authorized.
This means that the law enforcement officer in possession of the information about the alleged crime presents their evidence to a judge to establish probable cause. This is done in the form of a sworn declaration executed by the officer, which outlines the basis for their suspicions that the suspect has committed a specific crime.
Probable Cause Standard
Suppose the Los Angeles County judge, a figure of authority and responsibility, is satisfied that the probable cause standard has been met. In that case, they will sign a written arrest warrant which specifies the suspect's name, the crime which they are suspected of having committed, the time of issuance, the county of issuance, and the name of the judicial officer.
This process underscores the weight and responsibility of the judge's role in warrant issuance, instilling a sense of security and confidence in the legal process.
It's essential to note that it's a common misconception that police can't enter your home if they only have an arrest warrant. In fact, law enforcement officers who have lawfully obtained an arrest warrant are legally permitted to enter the home of the person targeted for arrest.
Police could even use force to enter if they have reason to believe that the targeted person is inside the home. However, if they are a guest in another person's home, police aren't allowed to enter to execute the arrest warrant. They must first obtain a search warrant.
Warrants by the LA District Attorney
Sometimes, a warrant will be obtained directly by a Los Angeles District Attorney after the investigating officer has presented the case to the prosecutor's office and the District Attorney has decided to file a formal criminal case.
This is colloquially known as “filing a case with a warrant.” The defendant who has been charged in this way is immediately arrestable. If arrested on the warrant, the defendant will be transferred to court for arraignment within 48 hours, unless they post bail.
By far, the rarest way that an arrest warrant can be issued is following a grand jury indictment. Grand juries are panels made up of members of the public who make probable cause determinations after being presented with evidence by a prosecutor.
Their proceedings are secret. If a grand jury determines that enough evidence exists to charge the defendant, it will issue an indictment. The judge presiding over the grand jury will then typically issue an arrest warrant to accompany the indictment.
Search Warrants
Search warrants serve a distinct function from arrest warrants. Search warrants provide law enforcement with judicial authorization to search a specific person or place for specific items which, if found and seized, will provide evidence that a crime has occurred.
The knock and announce rule, a constitutional requirement, mandates that law enforcement must announce their presence and purpose before entering a residence to execute a search warrant. This rule is designed to protect your privacy and safety during a search. A warrantless search is unconstitutional under the Fourth Amendment.
Based on the provisions of the Fourth Amendment to the United States Constitution, search warrants must state with particularity the person or place to be searched. They will be issued only upon an adequate showing of probable cause.
These protections were introduced into the Bill of Rights by the framers of the Constitution in response to the prior practice of “general warrants,” which allowed authorities to search the persons and residences of colonial citizens virtually at will, without individualized suspicion.
Under the American system, a search warrant must be based on probable cause to believe that a search of the particular person or place will yield evidence relevant to the investigation.
It's important to note that there is an exception for any items that are in plain view during a search. Any unlawful items that are clearly visible without moving anything can be used against you.
In other words, if the Los Angeles police enter your home with a search warrant authorizing them to look for your brother, who has an active arrest warrant, and they observe a large amount of methamphetamine on the kitchen table, they can lawfully seize it and use against you and your brother even though the warrant specifically limited their search for your brother.
Probable Cause Statement
Probable cause for a search warrant is established in a probable cause statement, which is incorporated into a search warrant application and affidavit. A law enforcement officer, typically a detective, can request a search warrant from the court, a process similar to requesting an arrest warrant.
They swear under oath in writing to a judge that they have evidence to believe that a crime has occurred, and that a search of a person or place is required to obtain evidence thereof. This detailed explanation equips you with the knowledge of the process, making you feel prepared and aware of your rights.
If the Los Angeles County judge reviewing the affidavit is satisfied that the probable cause standard has been met, they will authorize the search by signing the warrant. Once the judge has signed a search warrant, law enforcement must execute it and search. There are typically restrictions on law enforcement's ability to execute the warrant.
First, search warrants typically expire after a specified period, meaning law enforcement cannot hold onto the warrant for an extended period without executing it.
Second, search warrants (absent specific authorization from the judge) cannot be executed during certain hours, such as the middle of the night, or without “knock and announce.” These limitations are in place to protect your rights and privacy, ensuring that law enforcement respects your personal space and time. You can feel reassured that your rights are being protected.
However, in cases where there is significant concern about officer safety or the destruction of evidence, a judge may authorize a no-knock, nighttime raid of a residence. This means that law enforcement can enter the property without announcing their presence or the purpose of their visit, which can be particularly dangerous for the occupants and should only be authorized in extreme circumstances.
Sealed Warrant
Another issue that our clients frequently encounter with search warrants is the sealing process. Suppose law enforcement convinces the authorizing judge that facts in the warrant affidavit should remain secret due to articulable concerns for public safety, especially in the case of a cooperator or snitch working with law enforcement. In that case, they can order that the warrant affidavit remain under seal.
This means that the details of the warrant, including the reasons for the search and the evidence sought, may not be immediately available to the target of the search, which can complicate their ability to challenge the warrant or understand the basis for the search.
In these cases, it may be difficult or impossible to challenge the legitimate basis for the search warrant in a suppression motion, as that basis remains unknown to the defendant. With a sealed warrant, the first step is typically to make a motion to unseal the warrant affidavit.
Once the proper motion is brought before the court, the judge will conduct an in-camera review of the evidence in the warrant affidavit and determine if the defendant is entitled to obtain an unsealed version.
While these motions are typically granted, the judge does have the authority to leave the warrant sealed, thereby preventing any meaningful challenge to the warrant.
Motion to Suppress
Search warrants are very frequently the subject of motions to suppress pursuant to California Penal Code § 1538.5. As stated above, a search warrant must be supported by probable cause. Suppose a judge later determines that the original warrant should not have been authorized because it was insufficiently supported by evidence.
In that case, that judge can suppress, meaning to exclude from the criminal case, any evidence obtained during the execution of the search warrant.
Certain exceptions to this suppression rule, such as good faith by law enforcement, also apply. If you or a loved one has been the subject of a search warrant, you should consult with your criminal defense attorney about the process of challenging the warrant and seeking suppression of evidence.
Eisner Gorin LLP is a criminal defense firm in Los Angeles, California, which practices in State courts throughout California and federal courts nationwide. We exclusively practice criminal defense and have over 60 years combined experience in pre-filing interventions, court representation, and jury trials. If you or a loved one is under investigation or has been charged with a crime, contact us immediately for a free consultation to discuss your options.
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