Arrest Warrant Requirements

To be arrested, Police generally need to have an arrest warrant to do that. One of the biggest requirements to obtain an arrest warrant is, they must have probable cause. To show probable cause they must prove 2 things:

  • 1. A crime has occurred. is being committed, or about to be committed.
  • And
  • 2. The person arrested is/was/did commit the crime.

The exact technical procedures I am going to talk about are in Pennsylvania. Depending on where you live they could be a little different.

Requirements for the Arrest Warrant:

  1. It must be signed by a neutral Judge
  2. An affidavit(sworn statement) must be signed by the police. This will include specific facts.
  3. The name of the person to be arrested. Police must have the person’s name on a warrant.

If you are to be arrested in your home, the police need a warrant.

Exceptions to having an arrest warrant:

Exigent Circumstances- Where an officers need to take immediate action to arrest.

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