What makes a warrant legal?

Factual Questions
1

Simple question: Who needs to sign, notarize, or whatever for a warrant for someone’s arrest to be legal?

Thanks!!

2

A judge.

ETA: In certain cases, a legislative body can issue a warrant, but more often than not, it is issued by a judge.

3

Any judge? or a specific one?

4

Pretty much any judge. Police departments usually know which judges are more “liberal” in the issuance of things like search warrants.

5

Awesome!

Thanks to you both!

6

It does not always have to be a judge. In some jurisdictions, the term “judge” refers only to judicial officers who try cases, while there are other judicial officers who have lesser duties, like assigning bonds, and issuing warrants. In such a jurisdiction, a warrant will be legitimate if issued by one of these “magistrates.” A magistrate can be any disinterested officer of the court (as long as s/he is “neutral and detached”). In some jurisdictions, private attorneys are hired to act as magistrates and issue warrants.

There is no (federal) constitutional requirement that an actual judge be the one to issue a warrant. There might be such a requirement in a particular state, but I don’t know of one.

I’d also note that you’re asking about arrest warrants, and you do not always need a warrant to make an arrest.

7

Oh I know.

And I never knew the whole “magistrates” thing, although for the purposes of the question just a judge is good enough. I didn’t know if it had to be a judge, or a DA, or a combination or what.

8

However, there is a constitutional requirement that the signatory NOT be a member of the executive branch (no police officers, DAs, atty generals, agency heads, etc).