Warrant (law) facts for kids
A warrant is an official paper that gives someone permission to do something legal. Most of the time, a judge signs this paper. Police officers use warrants to do things like look for clues (evidence), arrest someone, or take someone's belongings. It's like getting a special pass from a judge!
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Search Warrants
In the United States, police officers usually need a special paper called a search warrant to look for clues about a crime. They also need a good reason to believe they will find these clues. This good reason is called "probable cause."
A judge or a special legal official called a magistrate must sign a search warrant. The police officer has to give them a sworn statement, which is a promise that what they are saying is true. If the judge agrees there's a good reason, they approve the warrant. A search warrant usually says exactly what police can look for and take, and for how long.
Arrest Warrants
An arrest warrant is a paper that gives police permission to arrest someone.
Arrest Warrants in the United States
Sometimes, police officers do not need an arrest warrant. If an officer sees someone breaking the law, they can arrest that person right away. An officer can also arrest someone if they have a good reason to believe the person has committed or is about to commit a crime.
For example, imagine a police officer hears that a bank was just robbed. They get a description of the person who did it and learn the robber left in a dark blue car. If the officer then stops a dark blue car with money bags on the back seat, and the driver looks like the description, the officer has a good reason to believe the driver is the robber. They can then arrest the driver without needing an arrest warrant first.
However, if someone is at home and the crime is not very serious, an officer usually needs an arrest warrant to go into their home and arrest them.
Arrest Warrants in Europe
In the European Union, countries often use something called a European Arrest Warrant (EAW). This helps them arrest dangerous people who run away to another country in Europe. It's much faster than the old way of sending people back, which was called "extradition." These warrants started being used on January 1, 2004.
Arrest Warrants in Japan
In Japan, police can arrest someone they believe might have committed a crime. They can hold the person for up to 48 hours. The police must tell the person why they were arrested.
During these 48 hours, if the police find enough clues, the person might be brought before a lawyer who works for the government, called a prosecutor. If the prosecutor thinks there's enough evidence, they ask a judge for a "warrant of detention" within 24 hours. The person accused of the crime appears before the judge when this warrant is asked for. If there isn't enough evidence, the case might be dropped before the prosecutor or the judge.
See also
In Spanish: Resolución judicial para niños
