9. When is an arrest warrant used?
A warrant is usually required before you can be taken into custody in your home. (You can, however, be arrested at home without a warrant if fast action is needed to prevent you from escaping, destroying evidence, endangering someone’s life or seriously damaging property.)
The arrest warrant must be signed by a magistrate or judge, who must have good reason to believe that you committed a crime.
Once an arrest warrant is issued, any law enforcement officer in the state can arrest you -- even if the officer does not have a copy of the warrant. Generally, there is no time limit on using a warrant to make an arrest.
If the police have an arrest warrant, you should be allowed to see it. If they don’t have the warrant with them, you should be allowed to see it as soon as is practical.
Before entering your home, a law enforcement officer generally must knock, identify him or herself and tell you that you are going to be arrested. If you refuse to open the door -- or if there is another good reason -- the officer can break in through a door or window.
The police may search the area within your reach. If you are arrested outdoors, they generally cannot search your home or car.
Resisting an arrest or detention is a crime. If you resist arrest, you can be charged with a misdemeanor or felony in addition to the crime for which you are being arrested. If you resist, an officer can use force to overcome your resistance or prevent your escape. The officer can even use deadly force if it appears that you will use force to cause serious injury.