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Instructions: Watch a video of an assault that was committed in a bar, however; you will not be able to locate the suspect therefore requiring you to complete an arrest warrant for the person who committed the assault. Please ensure that you completely fill out the warrant with all the necessary information. Any additional information can be found in your previous report.
Access the video: Go to the Pearson website, log in, and click on Chapter 13 then Writing Exercise 13.2. Arrest Warrant Assignment. Email me if you have problems accessing the website.

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(DISTRICT)(COUNTY) COURT, MORRIS COUNTY, STATE WARRANT NUMBER

The People of the State, Plaintiff

V.

________________________________________________________________________
___________________________________________________________________________________

Whereas ______________ has made an Application and Affidavit to the Court for the issuance
of an Arrest Warrant, and; Whereas the application is in proper form and probable cause is
found to believe that the person named in the application has committed the offense(s) of:

in violation of State Revised Statutes within the County of Morris and State; THEREFORE,
any peace officer into whose hands this Arrest Warrant shall come is hereby ordered to
arrest: __________________________________________________________________
and bring him without unnecessary delay before the nearest Judge of the County or District
Court.

It is further ordered that Bond is set in the amount of:

Standard Bond dollars

Done this __________
Time ______________

BY THE COURT:
Steven J. Parker
JUDGE
RETURN AND SERVICE: I have duly served this Arrest Warrant by arresting the
aforementioned Defendant as required on the _________ day of ________________, 20__.

Signed: _____________________ Law enforcement agency: Morris County Sheriff’s Office

ARREST WARRANT

Defendant

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(DISTRICT) (COUNTY) COURT, MORRIS COUNTY, STATE WARRANT NUMBER:

APPLICATION AND AFFIDAVIT FOR ARREST WARRANT

The People of the State, Plaintiff

V.

________________________________________________________________________
___________________________________________________________________________________

The undersigned, a peace officer as defined in ______________, C.R.S. 1973, as amended,
being first duly sworn on oath moves the Court to issue an Arrest Warrant for:

__________________________________________________________________

as provided in Rule 4.2 of the State Rules of Criminal Procedure.

As GROUNDS THEREFORE, the undersigned applicant states that the
facts submitted in support of this request are set forth in the accompanying attachment desig-
nated as Attachment “A” which is attached hereto and made a part hereof and that probable
cause exists to believe that the aforementioned person has committed the offense(s) of:

__________________________________________________________________

in violation of C.R.S. 1973, as amended within the County of Morris and State.

It is respectfully requested that bond on this Arrest Warrant be set in the amount of:

Applicant _________________________________

Morris County Sheriff’s Office

Deputy Sheriff
Sworn and subscribed before me this date_______________________.

Judge:

,Defendant

Standard Bond

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__________________________________
C.R.S. 1973, as amended.

Date

12-07-2014
Date

Affiant

Judge

Your Affiant is Deputy David Lincoln, a regularly employed Deputy Sheriff for the County of
Morris, the State and is currently assigned to the Patrol Division of the Morris County Sheriff’s
Office.

Therefore, based on the above described facts and circumstances, Your Affiant respectfully
moves this Honorable Court for issuance of an arrest warrant naming ___________________
_____________________________________________________as defendant for the crime(s) of:

ATTACHMENT “A”

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  1. (DISTRICT)(COUNTY) COURT, MORRIS COUNTY, STATE WARRANT NUMBER:
  2. The People of the State, Plaintiff:
  3. Done this:
  4. Time:
  5. Day:
  6. Month:
  7. YY:
  8. Signed:
  9. (DISTRICT) (COUNTY) COURT, MORRIS COUNTY, STATE WARRANT NUMBER:
  10. APPLICATION AND AFFIDAVIT FOR ARREST WARRANT:
  11. Plaintiff:
  12. peace officer as defined in:
  13. Arrest Warrant for:
  14. offense(s) of:
  15. Standard Bond:
  16. Applicant:
  17. date:
  18. ATTACHMENT A:
  19. Name:
  20. Name_2:
  21. C:
    1. R:
      1. S:
        1. 1973 as amended:
  22. Affiant:
  23. Date:
  24. Defendant:

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CRJU 4169: Probable Cause Affidavits, Arrest Warrants, and Search Warrants

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The Fourth Amendment

  • “The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, shall not be violated, and no warrant shall issue, but upon probable cause, supported by oath or affirmation particularly describing the place to be searched and the persons to be seized.”

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Introduction

  • The Fourth Amendment basically states that the burden of proof shall be probable cause.
  • Supported by a law enforcement officer’s oath or affirmation, which specifically describes the place to be searched and the persons or things to be seized

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Probable Cause Affidavit

  • The probable cause affidavit is a document that contains:
  • The information about the elements of the crime
  • The suspect’s participation in the crime
  • An explanation by the affiant supporting the probable cause of for an arrest
  • Probable cause exists when:
  • The facts or circumstances of a crime
  • Within the officer’s knowledge
  • Would lead a reasonable person to believe that the person listed in the affidavit committed the crime
  • Supervisors, prosecutors, and judges do not like reading multiple pages looking for your probable cause.
  • Just state the facts in the affidavit.

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Figure 13-1 Probable Cause Affidavit

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Figure 13-2 Probable Cause Affidavit

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An Arrest Warrant

  • The arrest warrant is usually completed when the person who committed the crime in not in custody.
  • If the person you are charging with a crime is in custody, then the probable cause affidavit is all that needs to be completed to book them into jail.
  • If the person is not in custody, then the probable cause affidavit needs to be completed, as well as the arrest warrant.

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Figure 13-3 Arrest Warrant

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Figure 13-4 Application and Affidavit for Arrest Warrant

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A Search Warrant (1 of 3)

  • Requirements are similar to a probable cause affidavit and an arrest warrant.
  • In all three documents:
  • Probable cause must be established to support the charges.
  • As well as the venue or jurisdiction, where the search or crime was committed
  • The search warrant is usually completed when there is probable cause to believe that an item was:
  • Stolen
  • Designed to commit a crime
  • Used in the commission of a crime
  • Is illegal to possess
  • Would be material evidence in a subsequent criminal prosecution
  • Is required, authorized, or permitted by a statute of the state
  • The search warrant is usually completed when there is probable cause to believe that an item was:
  • Or is kept, stored, transported, sold, dispensed, or possessed in violation of a statute of the state under circumstances involving a serious threat to the public safety, order, or to the public health

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The Right Way to Write

  • Probable cause affidavits, arrest, warrants, and search warrants are unique documents that require specific techniques.

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Tips for Probable Cause Affidavits, Arrest Warrants, and Search Warrants

  • These forms will be viewed by a judge or magistrate.
  • You, as the affiant, will have direct control with the on-call judge who will review the document prior to issuance.
  • Often, your supervisor will not be able to review this document prior to your contact with the judge.
  • If the judge finds flaws with your document, don’t argue with the judge.
  • Remember that these types of documents are official orders from the court, and such, they require a specific type of writing.
  • When in doubt when completing these documents, consult an experienced officer for help.
  • These types of documents require facts, not opinions.
  • Never use any type of subjective inferences or deductions in your affidavits.

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