Warrant & Warranty
July 24, 2018
24/7/18 Warrant & Warranty
These terms sound similar but mean completely different things.
A warrant is an order signed by a judge.
An order signed by a judge that directs owners of private property to allow the police to enter and search for items named in the warrant. Judges won’t issue a warrant unless they have been convinced by the police that there is probable cause for the search — that reliable evidence shows that it’s more likely than not that a crime has occurred and that the items sought by the police are connected with it and will be found at the location named in the warrant. In limited situations, the police may search without a warrant, but they cannot use what they find at trial if the defense can show that they had no probable cause for the search.
A document issued by a judge or magistrate that authorizes the police to arrest someone. Warrants are issued when law enforcement personnel present evidence to judges or magistrates that convince themthat it is reasonably likely that a crime has taken place and that the person to be named in the warrant is criminally responsible for that crime.
A promise or assurance that may be express, implied by the circumstances, or implied by law. A warranty might be an express or implied statement that particular facts are true (for example, that merchandise may be used for particular purposes or that the seller has clear title to real estate). A warranty might be a promise to repair property within a certain period of time, or a legal obligation incident to a contract (for example, an implied warranty that leased residential property is habitable).