Texas-Book-Gun Law Armed And Educated - Flipbook - Page 45
II. WHAT IS THE WARRANT REQUIREMENT?
PRACTICAL LEGAL TIP
Let’s start with the most basic question—what is a warrant? A
warrant is a document issued by a government official, typically
a magistrate judge, authorizing a police officer to arrest a person,
or search and/or seize property. A search warrant gives the
government authority to conduct a search of a specified place
and seize evidence of criminal acts or to install monitoring
equipment in or on certain property. A magistrate can also issue
a warrant that authorizes the “seizure” of a human being. This is
called an arrest warrant, and it directs a law enforcement officer
to arrest and bring “the body of the person” accused of criminal
wrongdoing in front of the court.
What is a magistrate? Nearly every
type of judge is a magistrate. The
most common magistrate is a justice
of the peace or a municipal judge.
Part of their duties include issuing
warrants and advising those who
have been arrested of their charges
and initial legal rights. –Richard
A. How is a warrant issued?
First, police learn of activity leading them to believe a search or
seizure of property will reveal evidence of a crime or that a person
has committed a criminal act. Police might gather this information
through their own investigation and first-hand knowledge or through
information gathered by a confidential informant (“CI”). Next, the
police officer drafts a sworn statement supporting the request to
arrest or search. He will include all relevant facts he has gathered in
34 | CHAPTER THREE
