In the state of Arizona, law enforcement officials have the authority to arrest anybody that shows enough probable cause to be involved in a crime. In most cases when an officer arrests a person without a warrant, it is because:
- They witnessed them commit a crime
- They witnessed the person running away from a crime scene
- An eye witness stated that the person committed a crime
An arrest warrant can be issued by a judge when an officer of the law provides evidence of probable cause that implicates an individual’s involvement in illegal activity.
Some other reasons that merit an arrest warrant in Arizona are:
- A federal indictment
- An eye witness reported the crime
- Surveillance video caught a crime that identified a suspect
If you believe that you or somebody that you know has a warrant, we recommend that you do an Arizona warrant search to know for sure so that you can take action on your own terms.
Types of Warrants in Arizona
Although there are several types of warrants that can be established throughout the United States, the three basic types of warrants in the state of Arizona are:
- Arrest warrants
- Search warrants
- Bench warrants
A warrant is a document signed by a judge that orders an action to be taken against an individual that is a suspect of criminal activity. Each type of warrant has its own set of characteristics that set them apart from each other, but ultimately the end result of any warrant is to initiate a court appearance.
Once a judge signs a warrant into action the only way to satisfy the warrant is to execute the order. What this means is that whether it is an arrest warrant, a search warrant, or a bench warrant the end result will be action taken by authorities.
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Arizona Arrest Warrants
An arrest warrant allows law enforcement to place an individual under arrest and detain them until a judge sees them in court. This type of warrant gives the authorities permission to seek out the defendant and arrest them on sight.
Law enforcement officers have the authority to:
- Arrest a person in their home
- Arrest a person at their place of business
- Arrest a person at school
- Arrest a person in a public place such as a restaurant
Since probable cause has already been established, and a judge signed the document into effect, there is nothing to stand in the way of the authorities and they can go to great lengths to put the person behind bars.
Quashing an Arrest Warrant in Arizona
In the state of Arizona, it is possible to get an arrest warrant quashed if there is sufficient evidence to show that the warrant is not valid.
Quashing a warrant means completely abolishing the warrant as if it never existed. Once a warrant is quashed, it is no longer in effect, and the police force can no longer act on it.
An arrest warrant can be declared invalid if:
- Lack of probable cause
- Was not signed by a judge
- Failed to name or describe the suspect
- Contained inaccurate information
Besides legally voiding an arrest warrant, the only way to resolve the warrant is to go through the motions and be seen in the courthouse that the judge specified in the document.
Arizona Search Warrants
In the state of Arizona, a judge or a magistrate can issue a search warrant that gives law enforcement permission to search the personal property of a suspect. By law, there has to be sufficient probable cause for a judge to issue the search warrant.
Typically a search warrant can be issued if there is enough probable cause to show:
- Possession of unlawful property
- Possession of stolen goods
- Possession of illegal weapons
- Possession or sales of illegal drugs
- Possession of property used to commit a crime
The search warrant will specify where the officers shall search, and what to search for. If these officers find evidence of a crime they are expected to seize the property and use it as evidence against the defendant in court.
If the officers search an area that is not specifically described in the search warrant, the evidence that they find in that area can be suppressed if the defendant can prove that the area was off-limits.
Since all of the evidence that is found will be at the sole discretion of the officers that execute the search, it will be the defendant’s word against the law enforcement officer’s word.
It is in the best interest of anybody that is engaged in activity that might attract a search warrant to always have an attorney on retainer.
Since a search warrant will not be considered public information until after it is executed, there is little possibility of learning about one before it actually happens. The judge and the police involved in the search do not want to give a defendant any warning that a search will take place.
Arizona Bench Warrants
A bench warrant in Arizona is similar to an arrest warrant, however, the warrant is signed into action against a person that is already involved in the court system and has some sort of existing case against them.
This type of warrant is termed a ”bench warrant” because it is written up and put into action right from the judge on the bench in the courtroom.
Usually, a judge will issue a bench warrant for reasons such as:
- Failure to appear to a court date
- Failure to comply with a court order
- Failure to pay a court-ordered fine
- Failure to follow through with work project or community service
When a person is already in the court system due to a criminal case, a civil case, or even a family parental case they are subject to a bench warrant if they fail the court’s orders in one way or another.
When a judge invokes a bench warrant the law enforcement officials have the authority to arrest the person named on the warrant wherever they find them. Much like an arrest warrant, the defendant can be apprehended, arrested, then held in custody until they are brought to court and seen by a judge.
There is no statute of limitations that will nullify a bench warrant in the state of Arizona. The only way that a bench warrant can be rectified is if the person named in the warrant is brought to court and faces the judge. However, if a situation deems necessary for a judge to suppress, or inactivate the warrant they can do so at will.
End Results of Warrants
The end result of an active warrant is for law enforcement officers to take action in one form or another. If it is a search warrant, the officers are expected to execute the search as soon as possible and bring the evidence that they find into custody. If it is the case of an arrest warrant or a bench warrant, the officers are expected to bring the person into custody as quickly as possible.
Once the court system has a name and enough probable cause to initiate an arrest they will bring the defendant to justice with whatever force that they have to use. The best way to stay informed of arrest warrants or bench warrants is to continually do warrant searches on trusted search platforms. If you are aware of the warrant, you can take care of it without having to be arrested and humiliated by law enforcement officials. Stay informed, be in the know.
Regardless of which state you live in it is always wise to contact an attorney for any questions that you may have when it comes to warrant laws or any other legal concerns. The content found on this website is only for informational purposes and is not to be mistaken for legal advice.