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 Georgia, 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 requirement for an arrest warrant is grounded in the Fourth Amendment of the U.S. Constitution, which mandates that warrants be supported by probable cause. This means there must be a reasonable basis, typically established through sworn statements or affidavits, for believing that the person named in the warrant has committed a crime. The process ensures that arrests are not made arbitrarily, as the facts must be reviewed by a neutral party—a judge or magistrate—who is not involved in the investigation. While arrest warrants are a common prerequisite for taking someone into custody, there are exceptions under Georgia law where an officer may arrest someone without a warrant, such as when a crime is committed in the officer's presence or when there is an immediate threat to public safety or risk of flight.