A warrant empowers police to arrest, search or carry out some other action related to the administration of justice. Common examples of warrants are arrest warrants, bench warrants and search warrants.
Arrest Warrant
An arrest warrant gives police the power to arrest an individual, even if that person is not in the process of committing a crime when police find them. For example, you could be “picked up” while driving your own car if a police officer driving behind you “ran your plates” and saw that you were the registered owner.
An arrest warrant requires the following:
- Your name (or sometimes a description)
- The offence you’re accused of committing
- An order to arrest you
- The signature/name of the judge or justice who has issued the warrant
Bench Warrant
A bench warrant is issued by the Court when an individual fail to appear for their court date, whether that is a docket appearance, trial or other hearing. Like an arrest warrant, it gives police the power to arrest an individual if they are located.
Search Warrant
In general, a search warrant allows the search of buildings, receptacles and or other places where there are reasonable probable grounds to believe that there is anything relating to an offence. Reasonable probable grounds are not a mere suspicion, instead, it refers to an honest belief in the guilt of the accused based on the circumstances.
Search warrants often begin with a tip from an individual which will be assessed on three factors: Is it credible? Compelling? Corroborated?
Even if a warrant is obtained, police have obligations when executing them. Police must:
- Execute the warrant during daytime hours (6AM to 9PM) unless otherwise specified
- Knock and announce their presence
What You Can Expect
It is important to note that arrest/bench warrants do not expire. If you believe you have a warrant out for your arrest, you can contact our offices at 780-686-7948. We can confirm whether you have an active warrant and provide advice on your next steps.