Tuesday, November 25, 2008
Arrest Warrants
Q: Must a cop show you an arrest warrant if you ask to see one?

A: Indiana statute 35-33-2 deals with arrest warrants. In part,
IC 35-33-2-1
Grounds; indictment or information filed; probable cause
Sec. 1. (a) Except as provided in chapter 4 of this article, whenever an indictment is filed and the defendant has not been arrested or otherwise brought within the custody of the court, the court, without making a determination of probable cause, shall issue a warrant for the arrest of the defendant.
(b) Whenever an information is filed and the defendant has not been arrested or otherwise brought within the custody of the court, the court shall issue a warrant for the arrest of the defendant after first determining that probable cause exists for the arrest.
(c) No warrant for arrest of a person may be issued until:
(1) an indictment has been found charging him with the commission of an offense; or
(2) a judge has determined that probable cause exists that the person committed a crime and an information has been filed charging him with a crime.

If this is what you are thinking of, this is typically done when a person misses a court date for the charge. For arrest warrants the officers do not need to "show you a copy" of the warrant, but the charges and information regarding the court warrant (also known as a bench warrant, or a body attachment) and the summary of your charges will be read to you in your court appearance or by jail deputies who can confirm the active warrant upon your arrest.


posted by South Bend Police Department @ 3:31 PM  

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