Jones Criminal Defense Attorneys | August 25, 2026 | Criminal Defense
A warrant is a written order issued by a judge or magistrate authorizing a particular law enforcement action, generally based on information submitted to the court. Under the Fourth Amendment, warrants must be supported by probable cause, backed by oath or affirmation, and must particularly describe the place to be searched and the people or things to be seized.
Not every warrant involves searching someone’s home. The three types most people encounter in criminal cases are search warrants, arrest warrants, and bench warrants.
What Is a Search Warrant?
A search warrant gives law enforcement authority to search a specific place, person, or property for particular evidence described in the warrant. To get one, officers generally submit an affidavit to a judge or magistrate establishing probable cause to believe that evidence of a crime exists and that it’s likely to be found in the place they want to search.
The judge, not the investigating officer, decides whether probable cause supports issuing the warrant. Depending on the warrant, police might be authorized to search a home, apartment, vehicle, business, storage unit, electronic device, person, or other specified property.
A search warrant does not allow the police to search everything. The warrant must describe the place and the items sought with sufficient particularity, and officers generally may search only where the listed evidence could reasonably be located. A warrant for a stolen television wouldn’t ordinarily justify opening a tiny jewelry box, for example. However, evidence the police see in plain view can probably be seized, even if it wasn’t listed in the warrant.
What Is an Arrest Warrant?
An arrest warrant authorizes law enforcement to take a specific person into custody. It’s usually issued after a judge determines there’s probable cause to believe the named person committed a crime or violated a protection order, like a DANCO order. It generally does not authorize the police to search a person’s home or any of their property. One important distinction involves homes.
An arrest warrant for someone who lives at a residence may permit officers to enter under certain circumstances. But an arrest warrant for another person generally does not give police unrestricted authority to enter a third party’s home. In that situation, police may also need a search warrant, valid consent, or an applicable exception to the warrant requirement.
What Is a Bench Warrant?
A bench warrant is generally issued directly by a judge when someone fails to comply with a court requirement. Unlike arrest and search warrants, it typically doesn’t stem from a new criminal accusation; it occurs as a result of something that happened or didn’t happen in an existing case or matter in front of the court.
Common reasons include failing to appear for a scheduled court date, failing to comply with a court order, violating conditions imposed by the court, such as terms of probation or pretrial release, or failing to appear after being summoned for jury duty or as a witness.
Once issued, a bench warrant authorizes law enforcement to take the named person into custody, and it remains active until the court resolves it. It doesn’t expire or go away on its own, no matter how much time passes. You should always speak with a defense lawyer instead of ignoring it.
Contact a Criminal Defense Lawyer at Jones Criminal Defense Attorneys for a Free Consultation
Whatever type of warrant you’re facing, ignoring it is never the solution, no matter how overwhelming it might feel. A criminal defense lawyer can find out exactly what was issued and why, address a bench warrant before it leads to an arrest, and help you resolve any current legal matters.
Contact Jones Criminal Defense Attorneys in Albuquerque, NM, today for a free consultation.
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Jones Criminal Defense Attorneys – Downtown
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