What is the difference between an arrest warrant and a search warrant?

California, United States of America


The following excerpt is from People v. Young, A116592 (Cal. App. 3/28/2008), A116592 (Cal. App. 2008):

Defendant makes several arguments. He suggests that a distinction must be drawn between arrest warrants and search warrants, and that an arrest warrant provides less justification for a patdown search. However, this is of little import in evaluating detentions made for officer safety (see People v. Hannah (1996) 51 Cal.App.4th 1335, 1343 ["[a]lthough true, it is a distinction which makes no difference"]), when it is most important to examine the "totality of circumstances." (Ibid.)

Other Questions


Does the affidavit supporting a search warrant invalidate the search warrant for a home searched for a stolen gun after the original warrant was issued? (California, United States of America)
If a search warrant authorizes a search, can the warrant authorizations to search the bag be added to the warrant? (California, United States of America)
Does the search warrant for "any vehicles" provision in the first warrant for a search warrant apply to a vehicle search? (California, United States of America)
For the purposes of a search warrant, can the search warrant be used in the search of a defendant's automobile, at the police station and some time after his arrest? (California, United States of America)
Does the exclusionary rule apply when an officer acting with objective good faith has obtained a search warrant for the search warrant under the Golden Gate Drive search warrant? (California, United States of America)
Does a search and seizure resulting from an arrest without a warrant or search warrant violate the constitutional guarantees? (California, United States of America)
Under what circumstances will a search warrant be used to search a vehicle of a convicted drug dealer's vehicle in violation of the terms of search warrant? (California, United States of America)
Does the search in the search warrant form part of a search warrant? (California, United States of America)
If a search warrant was obtained during a search and seizure of a shotgun, would the search warrant be invalid as fruit of the poisonous tree? (California, United States of America)
Can a search warrant be used to search for marijuana and heroin in the bedroom of a defendant who had not consented to a search after his arrest? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.