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When is an arrest warrant used? |
Usually, a warrant is required before you can be taken into custody from within your home. However, you can be arrested at home without a warrant, if fast action is needed to prevent you from escaping, destroying evidence, endangering someone’s life or seriously damaging property.
An arrest warrant must be signed by a magistrate or judge, who must have good reason to believe that you committed a crime. Once an arrest warrant is issued, any law enforcement officer in the state can arrest you - even if the officer does not have a copy of the warrant. Generally, there is no time limit on using a warrant to make an arrest.
Before entering your home, a law enforcement officer must knock, identify him or herself and tell you that you’re going to be arrested. If you refuse to open the door - or if there is another good reason, the officer can break in through a door or window. If the police have an arrest warrant, you should be allowed to see it. If they do not have the warrant with them, you should be allowed to see it as soon as it is practical.
At an arrest site, the police may search the area within your reach. If you are arrested outdoors without a search warrant, they may search your home or car. Resisting an arrest or detention is a crime. If you resist arrest, you can be charged with a crime in addition to the crime for which you are being arrested. If you resist, an officer can use force to overcome your resistance or prevent your escape. |
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