Who can issue an arrest warrant?

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Multiple Choice

Who can issue an arrest warrant?

An arrest warrant is a judicial order that authorizes police to arrest a specific person. It is issued only by a neutral judicial officer—typically a magistrate or judge—after reviewing evidence and finding probable cause. This centralizes the decision in the court system to protect due process: the judiciary determines there’s enough cause to pursue arrest. The clerk of court handles records and processing, not the authority to issue warrants. The district attorney can present the case and seek a warrant by submitting an affidavit or application to the court, but the actual issuance rests with the magistrate or judge. Police officers can request or apply for warrants and may execute them once issued, but they do not have the authority to issue an arrest warrant themselves.

An arrest warrant is a judicial order that authorizes police to arrest a specific person. It is issued only by a neutral judicial officer—typically a magistrate or judge—after reviewing evidence and finding probable cause. This centralizes the decision in the court system to protect due process: the judiciary determines there’s enough cause to pursue arrest. The clerk of court handles records and processing, not the authority to issue warrants. The district attorney can present the case and seek a warrant by submitting an affidavit or application to the court, but the actual issuance rests with the magistrate or judge. Police officers can request or apply for warrants and may execute them once issued, but they do not have the authority to issue an arrest warrant themselves.

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