Warrants are used by law enforcement to gather evidence and apprehend suspects in criminal cases. However, they are also designed to provide important state and federal constitutional protections, preventing you from being the subject of an illegal search or seizure. There are specific circumstances in which they apply and limitations on how they can be used. At Ghanayem & Rayasam, our Atlanta criminal defense lawyers explain five types of warrants that could have major impacts on your case.
Five Types of Warrants Used in Atlanta Criminal Cases
A warrant is a common type of legal document used in Atlanta criminal cases. It must be signed by a judge and grants law enforcement certain types of authority in searching your person, property, or residence.
Warrants play a key role in apprehending suspects and gathering evidence in criminal cases. However, they can also jeopardize your rights and safety when used improperly. The Georgia Constitution affirms the same types of protections against illegal searches and seizures as the Fourth Amendment of the U.S. Constitution. This prevents police or other public officials from unlawfully detaining you or searching and seizing your property to use as evidence.
There are generally five different types of warrants that can be used in Atlanta criminal cases:
- Search warrants: This gives law enforcement the right to conduct a search of your person or property but is limited to specific areas listed in the warrant. To obtain a search warrant, the police must show probable cause that you are involved in a crime.
- Arrest warrant: As the name implies, this allows officers to make an arrest based on probable cause that you committed or are otherwise involved with a crime.
- Bench warrant: If you are required to appear in court on anything from a traffic ticket to more serious criminal matters and fail to do so, a bench warrant may be issued, authorizing your immediate apprehension and arrest.
- No-knock warrant: One of the most controversial and potentially dangerous types of warrants, a no-knock warrant authorizes police to enter your residence or other property under stealth and without identifying themselves first. Unfortunately, this can lead to potentially fatal mistakes.
- Anticipatory warrant: The Office of Justice Programs states that anticipatory warrants are typically used by federal agencies, such as the FBI, in conducting investigations and gathering additional evidence needed to make arrests on federal charges.
Get Our Atlanta Criminal Defense Lawyers on Your Side
Warrants provide important evidence used in obtaining convictions in Atlanta criminal cases. However, it is not uncommon for law enforcement officials or even judges in these cases to make oversights and mistakes that result in the warrant and all evidence collected from it being declared invalid.
To protect yourself in this situation and when facing any type of criminal charges in Georgia, get our legal team at Ghanayem & Rayasam on your side. We have the experience and legal expertise needed to build you a strong criminal defense. To request a one-on-one consultation, call or contact our Atlanta criminal lawyers online today.