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The Difference Between A Search Warrant And An Arrest Warrant
posted on 4/7/26

A search warrant is very different from an arrest warrant. No matter the warrant that you have been served, though, there are certain actions that you must take in order to respond to that warrant.

​Going over the difference between a search warrant and an arrest warrant, while speaking with a Chicago criminal defense attorney who can protect your rights, will allow you to obtain the best possible legal outcome.

What Is A Warrant?

A warrant is a legal order, almost always issued by a judge, that either permits a particular party to take a certain action or directs a particular party to do something related to that warrant.

​Just as an example, if a judge issues a warrant that allows someone’s property to be seized, then law enforcement is allowed to seize that property, and the person whose property it is must comply with that warrant.

​If a person being served by a warrant fails to comply with it, they can face legal repercussions, such as arrest and imprisonment, among others.​

Even though a warrant is something that you are legally obligated to acknowledge and honor, you can, and should, always work with a lawyer who can protect your rights throughout every step of the process.

What Is A Search Warrant?

A search warrant is a warrant, signed by a judge, that allows law enforcement to conduct a search on one of the following:​

  • A certain person.
  • A certain place.
  • A particular automobile.

Just as an example, a search warrant can be used to search your home. And, the purpose of this search is, in almost every instance, to find criminal evidence that can be used to prosecute you.

If, for example, the police believe that you are selling drugs, they can obtain a search warrant for your home so that they can find evidence that furthers their claim.​

You must abide by a search warrant. However, if law enforcement does not have a search warrant or probable cause, then you do not need to let them search you, your property, or your automobile.

What Is An Arrest Warrant?

An arrest warrant is a warrant, signed by a judge, that allows law enforcement to arrest someone who has been accused of a crime.​

If you are thought to have committed a murder, for example, and there is probable cause that suggests this may be the case, a judge can issue an arrest warrant that you must comply with.​

Even if you have been served an arrest warrant and arrested, this does not mean that you are guilty. You are still entitled to due process, among other rights, and you can, and should, exercise them.​

The best way to exercise your legal rights, if you have been served with an arrest warrant, is to speak with an attorney who will protect you.​

Get Qualified Legal Help Today

If you need representation for a criminal charge, Glasgow & Olsson is uniquely qualified to help you.

At Glasgow & Olsson, we are widely recognized as a leading authority in Illinois criminal law. For this reason, Attorney Thomas T. Glasgow is a trusted legal voice who is regularly invited to appear on major networks, including ABC, CNN, NBC, CBS, and Fox News.

When you need an attorney, experience matters.

​Speak with a Chicago criminal defense lawyer today to learn how our experience can get you the results you deserve.