The necessity for obtaining an arrest warrant is outlined in the U.S. Constitution, Fourth Amendment. This paper details what must be produced to obtain an arrest warrant and how a judge balances public protection with the rights of an individual. Includes probable cause and affidavits. This paper has seven pages and five sources are listed in the bibliography.
Name of Research Paper File: AM2_PParrest.rtf
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can be defined as the taking of a person into custody with lawful authority and holding that person to answer for a violation of a criminal law. While an
arrest can occur either with or without a warrant, as will be discussed below, most typically a warrant in involved. There
are a number of legal requirements which must be met in order for an arrest warrant to be issued. The Fourth Amendment of the United States Constitution requires that
all warrants be supported by probable cause. In the case of an arrest warrant, probable cause exists when the arresting entity has:
"knowledge of facts and circumstances grounded in reasonably trustworthy information and sufficient in themselves to warrant a belief by a prudent person
that an offense has been or is being committed by the person to be arrested" (Georgetown Law Journal, 2001, PG).
Probable cause may be based on a number of factors. The first of these is the personal experiences of the arresting officer.
An officers training and experience is presumed to allow them to infer to a certain degree whether criminal behavior even when that behavior is not immediately evident (Georgetown Law
Journal, 2001). This presumption serves as an ever-present reminder that in practically no other occupation does the importance of such concepts
as morality and ethics come into play more heavily than it does in police work. Those who enforce the laws of our society not only carry their own morals
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