What's The Difference Between An Arrest Warrant And A Search Warrant

[cherrybonbon]

I need to know the legal difference between an arrest warrant for a person and a search warrant. Can the police enter the home with just a warrant for an arrest?

[cdwjava]

I need to know the legal difference between an arrest warrant for a person and a search warrant. Can the police enter the home with just a warrant for an arrest?

It depends on state law.

In my state, we can generally enter the residence of the person named on an arrest warrant without any additional court orders. However, unless in pursuit or otherwise permitted to be inside, we would generally need a search warrant to enter the residence of a third party to arrest somsone named on an arrest warrant.

- Carl

[door knock]

The short reply is: a search warrant allows police to enter your home to search for specific items...evidence. An arrest warrant allows police to enter your home and search for you! However, there are some conditions that the police must first meet. 1.) they must have probable cause to believe that the residence that they are entering is where you live. The courts have noted that people often have more than one place to live.

2.) they must have probable cause that the wanted person is inside at the time that officers are present, i.e. your car is parked out front, a neighbor saw you enter the location a short time ago, etc. Remember, police need probable cause, not probable certainty!!