What about Arrest and Search Warrants?

An arrest warrant is a legal document, issued by a judge or a clerk of the courts, directing the police or the sheriff to arrest you and take you into custody. This document does not have to be on any particular form. The arresting officer is not required to have the warrant in hand when you are arrested. The officer must show you the warrant within a reasonable time after you are arrested and give you a copy. If the officer fails to do so, tell your attorney later. 

Even if you believe the officer has no grounds to arrest you, do not argue with or resist the police. You have no right to argue about why you are being arrested or about your guilt or innocence at the time of the arrest. Arguing or resisting will not help you. It will mean the police can bring additional criminal charges against you, and may make it harder for you to get out of jail on bail if you are charged.  The officer has no choice but to execute the warrant. Only the court which issued the warrant can cancel it.

A search warrant is a legal document, issued by a judge, that gives police specific authority to search for specific things in specific places and, often, at specific times.  If you are not under arrest the police may ask you to let them search your car, your home, or other possessions. You can refuse to consent to these searches and ask the police to get a warrant issued by a judge. 

You have a right to be free from unreasonable searches and seizures. Most of the searches for which an officer might ask your consent would require the officer to first get a warrant from a judge unless you consent and give up this right. The greatest exceptions are for an officer to do a pat-down for safety or an inventory search of an automobile that they are having towed.

Only a judge can decide whether the search is proper before that search is conducted. There is no penalty for exercising your right to have the judge decide whether to allow the search. Your refusal to consent to a search cannot be used against you. If you do get charged with a crime, that judge's decision can be reviewed by another court.

Again, do not argue with the police. 
Never resist your arrest. 
Do not run away after you have been arrested. 
Never resist the arrest of another person.
Throwing things away like weapons or drugs is a crime. 


Based upon "Your Rights if Questioned, Stopped or Arrested by the Police" © February 2015 Ohio State Bar Association
Ohio State Bar Association, PO Box 16562, Columbus, OH  43216-6562, (800) 282-6556 or (614) 487-2050, www.ohiobar.org