# What makes a warrant legal? **URL:** \ **Category:** Factual Questions\ **Created:** [June 21, 2009, 2:43am UTC](https://boards.straightdope.com/t/what-makes-a-warrant-legal/500443 "2009-06-21T02:43:33Z")\ **Posts on this page:** 8\ **Page:** 1
**Author:** ![Sir\_T-Cups](https://avatars.discourse-cdn.com/v4/letter/s/ed655f/32.png) [@Sir\_T-Cups](https://boards.straightdope.com/u/Sir_T-Cups)\ **Post date:** [June 21, 2009, 2:43am UTC](https://boards.straightdope.com/t/what-makes-a-warrant-legal/500443/1 "2009-06-21T02:43:33Z")
Simple question: Who needs to sign, notarize, or whatever for a warrant for someone’s arrest to be legal? Thanks!! ---
**Author:** ![BorgHunter](https://avatars.discourse-cdn.com/v4/letter/b/7c8e57/32.png) [@BorgHunter](https://boards.straightdope.com/u/BorgHunter)\ **Post date:** [June 21, 2009, 2:52am UTC](https://boards.straightdope.com/t/what-makes-a-warrant-legal/500443/2 "2009-06-21T02:52:16Z")
A judge. ETA: In certain cases, a legislative body can issue a warrant, but more often than not, it is issued by a judge. ---
**Author:** ![Sir\_T-Cups](https://avatars.discourse-cdn.com/v4/letter/s/ed655f/32.png) [@Sir\_T-Cups](https://boards.straightdope.com/u/Sir_T-Cups)\ **Post date:** [June 21, 2009, 2:57am UTC](https://boards.straightdope.com/t/what-makes-a-warrant-legal/500443/3 "2009-06-21T02:57:41Z")
Any judge? or a specific one? ---
**Author:** ![silenus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/silenus/32/166_2.png) [@silenus](https://boards.straightdope.com/u/silenus)\ **Post date:** [June 21, 2009, 3:04am UTC](https://boards.straightdope.com/t/what-makes-a-warrant-legal/500443/4 "2009-06-21T03:04:09Z")
Pretty much any judge. Police departments usually know which judges are more “liberal” in the issuance of things like search warrants. ---
**Author:** ![Sir\_T-Cups](https://avatars.discourse-cdn.com/v4/letter/s/ed655f/32.png) [@Sir\_T-Cups](https://boards.straightdope.com/u/Sir_T-Cups)\ **Post date:** [June 21, 2009, 3:05am UTC](https://boards.straightdope.com/t/what-makes-a-warrant-legal/500443/5 "2009-06-21T03:05:33Z")
Awesome! Thanks to you both! ---
**Author:** ![Randy\_Seltzer](https://avatars.discourse-cdn.com/v4/letter/r/ee7513/32.png) [@Randy\_Seltzer](https://boards.straightdope.com/u/Randy_Seltzer)\ **Post date:** [June 21, 2009, 3:24am UTC](https://boards.straightdope.com/t/what-makes-a-warrant-legal/500443/6 "2009-06-21T03:24:42Z")
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. ---
**Author:** ![Sir\_T-Cups](https://avatars.discourse-cdn.com/v4/letter/s/ed655f/32.png) [@Sir\_T-Cups](https://boards.straightdope.com/u/Sir_T-Cups)\ **Post date:** [June 21, 2009, 3:43am UTC](https://boards.straightdope.com/t/what-makes-a-warrant-legal/500443/7 "2009-06-21T03:43:35Z")
> [@Randy\_Seltzer](#): > > 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. 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. ---
**Author:** ![Hello\_Again](https://avatars.discourse-cdn.com/v4/letter/h/85e7bf/32.png) [@Hello\_Again](https://boards.straightdope.com/u/Hello_Again)\ **Post date:** [June 21, 2009, 3:27pm UTC](https://boards.straightdope.com/t/what-makes-a-warrant-legal/500443/8 "2009-06-21T15:27:14Z")
> [@Randy\_Seltzer](#): > > 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. 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).