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Arrest Warrant |
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A written order issued by authority of the state and commanding the seizure of the person named. An arrest warrant must be based on a complaint that alleges Probable Cause that the person named has committed a specific offense, and it must be issued according to the formalities required by the rules of the court. The Federal Rules of Criminal Procedure specify that the warrant must be signed by the magistrate and must describe the offense charged. The defendant must be named or described in such a way that he or she can be identified with reasonable certainty. The warrant must also command that the defendant be arrested and brought before the nearest available magistrate. arrest warrant (warrant of arrest) n. a judge's order to law enforcement officers to arrest and bring to jail a person charged with a crime. The warrant is issued upon a sworn declaration by the district attorney, a police officer or an alleged victim that the accused person committed a crime. (See: warrant of arrest) How to thank TFD for its existence? Tell a friend about us, add a link to this page, add the site to iGoogle, or visit webmaster's page for free fun content. |
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Since the investigation was still ongoing, no charges had been filed and there was no arrest warrant for Almendarez Coello. The counselor, Jennifer Bier, expressed determination not to hand over the records and could be facing jail if she is unable to override the arrest warrant in a higher court. The court also held that the arrest warrant used to arrest the plaintiff was defective under state law because is was not a bench warrant, which was the only warrant the judge had the authority to issue, and therefore a false imprisonment claim was viable since the process could have been obtained in bad faith as a means for the officer to incarcerate the plaintiff and extract information from him. |
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