An arrest warrant is a written order from a judge or magistrate that commands the police or other authority to physically take a person accused of a criminal offense into custody. The Fourth Amendment to the United States Constitution requires an arrest warrant to be supported by probable cause—which means there is a reasonable basis to believe the person to be arrested committed a crime.
Arrest warrants protect people from unlawful arrests by requiring the independent review of supporting facts by a person (judge or magistrate) who is not involved in the process of investigating the alleged crime. Arrest warrants also give the accused actual notice of the charge of a criminal offense committed by the accused. Arrest warrants are generally required to take an accused into physical custody unless there is an exception to the warrant requirement—such as when the crime is committed in the presence of the arresting officer.
In Florida, as in other states, an arrest warrant is a legal document issued by a judge or magistrate that authorizes law enforcement to take an individual into custody on suspicion of a crime. The issuance of an arrest warrant in Florida must be based on probable cause, which is established when there is a reasonable amount of trustworthy evidence to believe the individual has committed a crime. This requirement is in line with the Fourth Amendment of the U.S. Constitution, which protects individuals against unreasonable searches and seizures. The process of obtaining an arrest warrant in Florida involves law enforcement presenting an affidavit to a judge or magistrate detailing the evidence that establishes probable cause. If the judge is convinced by the evidence, they will issue the warrant. Florida law also recognizes exceptions to the warrant requirement; for example, if a crime is committed in an officer's presence, the officer can make an arrest without a warrant. Additionally, Florida statutes outline the procedures for executing arrest warrants and providing notice to the accused of the charges against them.