WARRANT. A writ issued by a justice of the peace or other authorized officer, directed to a constable or other proper person, re quiring him to arrest a person therein named, charged with committing some offence, and to bring him before that or some other jus tice of the peace.
Warrant and commission, outside of naval technicality, are synonymous words. There is no difference in force between a commis sion and a warrant as used in the navy, ex cept that one recites that the appointment is made by and with the advice and consent of the senate, and the other does not.. Both are signed by the president; Brown v. U. S., 18 Ct. Cl. 543.
A is a process granted by a court, authorizing a proper Dfficer to appre hend and bring before it some one charged with some contempt, crime, or misdemeanor See BENCH-WARRANT.
A is a process issued by a competent court or officer authorizing an officer therein named or described to ex= amine a house or other place for the pur pose of finding goods which it is alleged have been stolen. See SEARCH-WARRANT.
Under the English Extradition Act of 1870, 33 & 34 Vict. c. 52, § 26, a warrant is de fined as "any judicial document authorizing the arrest of a person accused or convicted of crime." 9 Q. B D. 93.
A warrant should regularly bear the hand and seal of the justice, and be dated. It should contain a command to the officer to make a return thereof and of his doings thereon. But the want of such a command does not excuse him from the obligation of making a proper return ; Tubbs v Tukey, 3 Cush. (Mass.) 438, 50 Am. Dec. 744. And it
is no ground for discharging a defendant that the warrant does not contain such a com mand; Com. v. Boon, 2 Gray (Mass) ) 74. No warrant ought to be issued except upon the oath or affirmation of the witness charging the defendant with the offence ; Conner v. Com., 3 Binn. (Pa.) 38. A warrant will not justify the arrest of one not named therein, by reason of the fact that the name used was supposed to be his ; West v. Cabell, 153 U. S. 78, 14 Sup. Ct. 752, 38 L. Ed. 643. It is competent to show that the affidavit was not filed until after the arrest ; Smith v. Claus meier, 136 Ind. 105, 35 N. E. 904, 43 Am. St. Rep. 311. Under a statute authorizing a writ of habeas corpus to determine the identity of the person arrested, the inquiry may em brace the sufficiency of the papers ; People v. Conlin, 15 Misc. 303, 36 N. Y Supp. 888. In England a person riding a bicycle without a light at night cannot be arrested or even stopped to ascertain his name and address, without a warrant; [1897] 2 Q.'B. 452.
The reprehensible practice of issuing blank warrants, Which once prevailed in England, was never adopted here. 2 Russ. Cr. 512 ; Ld. Raym. 546 ; 1 H. Bla. 13. See SEARODES AND SEIZURES; ARREST.