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Arrest Warrant

West's Encyclopedia of American Law | 2005 | Copyright 2005 Gale, Cengage Learning. All rights reserved. (Hide copyright information) Copyright

ARREST WARRANT

A written order issued by authority of the state and commanding the seizure of the person named.

An arrest warrant must be based on a complaint that alleges probable cause that the person named has committed a specific offense, and it must be issued according to the formalities required by the rules of the court. The Federal Rules of Criminal Procedure specify that the warrant must be signed by the magistrate and must describe the offense charged. The defendant must be named or described in such a way that he or she can be identified with reasonable certainty. The warrant must also command that the defendant be arrested and brought before the nearest available magistrate.

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