The Law Dictionary for Everyone
The capias warrant, also known as a “bench warrant” in certain jurisdictions, is a court order that is issued for the purpose of arresting someone to ensure that he will show up for a scheduled court appearance. For example, a capias warrant is an arrest warrant, not the kind of warrant that is required before the police conduct a search […]
Read moreThe Latin term capias literally means “you are to seize,” or “you should seize,” and is commonly used in the U.S. legal system to refer to a warrant issued by a judge directing law enforcement to arrest a specified person. Capias warrants are most commonly issued when a criminal defendant fails to appear in court for a scheduled hearing. By […]
Read moreA bench warrant is an arrest warrant issued by a judge or court, most commonly when a defendant fails to appear at a scheduled court hearing. This is also known as a “Failure to Appear,” or “FTA,” warrant. When a bench warrant is issued, it gives law enforcement agencies the authority to detain the defendant and bring him to court […]
Read moreWhile most people associate the term warrant with a legal document that allows police to search a specified place, the term actually has a more general meaning. A warrant is a written authorization, issued by a judge or magistrate, that permits a specified act that would otherwise be illegal, as it would otherwise violate a citizen’s rights. The warrant, sometimes […]
Read moreThe exclusionary rule prevents the government from presenting evidence in trial which was gathered in violation of the Fourth Amendment’s protection against illegal search and seizure. A doctrine commonly used in American courts, the exclusionary rule discourages police and other law enforcement agents from obtaining evidence illegally. The court will suppress or ban evidence that was gathered in violation of […]
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