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In the United States, an arrest warrant must be supported by a signed and sworn affidavit
showing probable cause that: |
- A specific crime has been committed, and
- The
person(s) named in the warrant committed said crime.
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In most jurisdictions, an arrest warrant is required for misdemeanors that do not occur within view of a police officer. However, as long as police have the necessary probable cause, a warrant is usually not needed to arrest someone suspected of a felony.
A bench warrant, sometimes also called a "capias," is a variant of the arrest warrant. A bench warrant usually commands the arrest of someone for failing to show for a required court appearance |
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