Who issues arrest warrants?

• A. Judge
• B. Clerk of Courts
• C. Magistrate
• D. Prosecutor

Answer: (C)

Arrest warrants are issued by a magistrate, a neutral official empowered to review evidence for probable cause. A police officer or prosecutor presents a sworn statement—an affidavit or complaint—that describes the alleged crime and identifies the person to be arrested. The magistrate evaluates whether there is enough probable cause to believe the person committed the offense and, if so, signs the warrant, directing officers to arrest the individual and bring them before the court. The warrant must describe the person with reasonable particularity and specify the offense. The clerk of courts handles records and cannot issue warrants, and while prosecutors can prepare and present the application, they do not alone issue the warrant. In some systems a judge may issue warrants, but the common practice taught is that the initial arrest warrant comes from the magistrate.