Warrant
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Plain-English Meaning
A legal document issued by a judge that authorizes police to take a specific action — like searching a location or arresting a person. A warrant must be based on probable cause and must describe with specificity what or who is being sought. Police generally cannot search your home or arrest you without a warrant, though there are exceptions.
Legal Context
The Fourth Amendment requires warrants for most searches and arrests, supported by probable cause and describing with particularity the place to be searched and the persons or things to be seized. New York courts follow both federal and New York constitutional standards. Common exceptions to the warrant requirement include: consent, exigent circumstances (emergency), plain view, search incident to arrest, and automobile exception. Bench warrants are issued by judges when a person fails to appear in court — they authorize police to arrest that person at any time.
Real-Life Example
Police suspected a suspect was hiding stolen electronics in an apartment. They applied for a search warrant, presenting an affidavit to a judge outlining the probable cause. The judge signed the warrant, specifying the address and that police could search for and seize electronic devices. Police executed the warrant and found the stolen goods. Because they followed proper procedure, the evidence could be used in court.
Related Terms
Source
Based on U.S. Const. amend. IV and N.Y. Const. art. I, § 12. Original B-Legal plain-language explanation.
U.S. Const. amend. IV; N.Y. Const. art. I, § 12
Definitions are simplified for education. Legal meanings vary by jurisdiction, context, and case facts. This definition is original B-Legal content and is not affiliated with or derived from any proprietary legal dictionary.