PLEASE WATCH #HABERPA'S VIDEOFAQ # 378) "Are there different types of Warrants?" @ https://youtu.be/CtpYmjkd1-E
This Blog Post is a PSA (i.e. a "Public Service Announcement" that's designed to provide the folks with important information) but it also both marks the rollout of this latest batch of #HaberPA's VideoFAQs and highlights # 378) "Are there different types of Warrants?" and finally it's a shameless plug for #MichaelHaberLaw (#HaberPA's YouTube channel). Disclosures complete let's get to it:
- The PSA: #HaberPA's VideoFAQ # 378 explains the different types of warrants. It's the third in a quintet (a "quintet" is a grouping of 5) of VideoFAQs that tackle The 4th and goes like this:
"Thanks for asking me “Are there different types of Warrants?”
Yes, there most definitely are different types of warrants, but before we discuss the differences let’s first define the word “warrant” and examine the similarities.
For 4th Amendment purposes a “warrant" refers to “an authorization issued by a competent officer, usually a judge or magistrate, which permits an otherwise illegal act that would violate individual rights”. I know that that’s a lot of legal mumbo jumbo, so let me restate: A warrant is a document that evidences formal, judicial approval of specific, limited action, by the government, against a citizen.
Now that we know what a warrant is, regardless of the type in order be legal any warrant must share three common denominators: 1) They must all be specific - or exhibit “particularity”, 2) they must all issue upon sworn facts that establish Probable Cause & 3) a truly impartial arbiter must make the call.
Okay, so what are the differences? The biggest contrast is seen in arrest warrants versus search warrants. An arrest warrant authorizes the seizure of a specific individual for a specified crime, whereas a search warrant authorizes the inspection of a specific location for specified items of evidence for a specific crime (either way of note is the “specificity / particularity” requirement).
While there’s only one variety of search warrant, arrest warrants take many different forms. For instance, there’s the garden variety arrest warrant (where a Cop asks a Judge X for permission to arrest citizen Y for committing crime Z) but there’s also “Bench Warrants”, which, as their name suggests, issue from the Bench but differ from traditional arrest warrants in that bench warrants are NOT supported by sworn testimony and usually have nothing to do with a new crime (rather they usually issue for a Failure to Appear). The same holds true for an "Alias Capias" (also a FTA / “Failure to Appear” warrant), which also issues from the Bench and applies to someone who’s already been arrested. Criminal Judges also issue Fugitive warrants (a/k/a extradition warrants) and Probation Warrants, while Family Court Judges issue “Writs of Bodily Attachment” for delinquent support payments. In addition to these there are a variety of detainers, or holds, which can be administratively placed and serve as de facto arrest warrants, for example an ICE or an Immigration hold."
- The roll-out: Over the course of Memorial Day weekend we published #HaberPA VideoFAQs # 376 - 401, 5 of which deal with The Fourth Amendment per se, another 5 of which deal directly with the subject of warrants, 4 of which deal with searches and Motions to Suppress, 3 of which deal with Miranda Rights, 1 on "Spoliation of Evidence", 1 on "Chain of Custody" and 6 that deal with Arrests (more specifically 2 of which are generic, 2 concerning "Contempt of Cop" and 2 on "Gratuitous Charges").
Again, today we are highlighting # 378) "Are there different types of Warrants?", which you can watch at the following URL: https://youtu.be/CtpYmjkd1-E
- The shameless plug: #HaberPA's VideoFAQ catalogue is now up to 401 Criminal Defense, Criminal Law, Criminal Procedure, DUI, BUI, Domestic Violence, Evidence, Crime Victim Rights and Seal & Expunge "Webisodes" and we are currently scripting 24 new ones concerning such topics as: The 6th Amendment, Public Defenders vs. Private Criminal Defense Counsel, lawyer ethics (insert snarky oxymoron joke here...) and client's rights as are imposed upon all lawyers in The Sunshine State via the Rules Regulating the Florida Bar and updated firearm / gun laws in Florida's new Constitutional Carry era.
If you've not yet done so then I hope that you'll please SUBSCRIBE to #HaberPA's YouTube Channel #MichaelHaberLaw by visiting the following link: www.youtube.com/c/michaelhaberlaw
As of today we have 2,495 subscribers who've contributed to our 698,585 views, but your kind subscription will get us closer to reaching our immediate goal of 3,000 subscribers and 1,000,000 views!
Each #HaberPA VideoFAQ focuses on a specific question, most are 1 - 2 minutes long, but several in this latest batch are closer to the 3 minute mark (another relevant aside alert: "Necessity" is what we call an "affirmative defense", or a defense which negates the "intent" or Mens Rea" element of an otherwise criminal act as the actor's illegal conduct only occurred under threat, usually threat of harm), and while we may not always be successful in our endeavor we do consistently strive to make each VideoFAQ short, pointed, creative, entertaining and, most importantly, informative.
While I admittedly conjure a healthy percentage of the "questions" that form our VideoFAQs a substantial portion of them are in fact inspired by real world questions from others (e.g. clients, potential clients, random folks on social media / the internet, friends, family, colleagues, etcetera). Should you have a legal questions that you'd like #HaberPA to address then you're welcome - encouraged even - to SUBMIT it / them to me, be it by email (Sharky910@aol.com), calling or texting my cell phone (305-798-2220), messaging me on X /Twitter (@Sharky910), MeWe (also @Sharky910), on YouTube (via MichaelHaberLaw) or by PM'ing me right here on FB and, assuming that your proposed topic is both appropriate and fits within our wheelhouse then we'll be happy to provide you with a custom tailored video answer to your relevant question.
With all that said I hope that you enjoy # 378, that if you've not yet done so then that you become a #MichaelHaberLaw subscriber and in any event that you know that no attorney-client relationship with either #HaberPA or Michael A. Haber, Esq. exists as a result of watching any of our VideoFAQs. Any and all information which is both contained in and may be construed from our VideoFAQ is meant to be generic in nature, should only be considered as academic and is not intended to be construed as legal advise to any specific individual for any specific case. Should you wish to seek actual legal advise then please feel free to contact #HaberPA directly.
Should you, a friend, a loved one or even someone that you {don't particularly like but happen to} know be in a jam with the criminal justice system then you can rest assured that either retaining or recommending #HaberPA will not only reflect well on you but will provide the client with unwavering, relentless and honest advocacy.
Established in 1991 and with no history whatsoever of any form of professional discipline, #HaberPA is readily available to have open, honest dialogue with potential clients and to quote and honor reasonable fees after identifying a realistic litigation objective. We're proud of our unblemished and time proven record of both having our client's "6:00", 24-7-365, 360° and of providing boutique, creative, effective, unwavering and zealous #CriminalDefense, #CriminalLaw, #CriminalProcedure, #ConstitutionalLaw, #Evidence, #DUI, #BUI, #DomesticViolence, #Probation, #Crime #VictimRights and #Seal & #Expunge representation to it's clientele, primarily in South Florida, on matters ranging from DUI to #DrugTrafficking and from #Misdemeanors to #Murder.
At #HaberPA "it's all about #ReasonableDoubt"!
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