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|Data Element:||WARRANT TYPE|
|Definition:||A coded representation of the type of legal instrument issued by an empowered official authorizing an arrest, seizure or search.|
|Standard of Verification:||Warrant|
|User Teams:||Corrections, Courts and Law Enforcement|
|Tables / Codes:||1 - Arrest Warrant
2 - Bench Warrant
3 - Other Warrant
4 - Search Warrant
|Comments:||1. Warrant of Arrest - A process of a local criminal court or a superior court directing a police officer to arrest a defendant and bring him before such court for purpose of arraignment upon an accusatory instrument filed therewith, or where an indictment has been filed with a superior court, by which a criminal action against him has commenced (refer to Section 1.20 (28 & 29) of the New York State Criminal Procedure Law).
2. Bench Warrant - A process of a criminal court in which a criminal action is pending, directing a police officer or uniformed court officer to take into custody a defendant in such action, who has previously been arraigned upon the accusatory instrument by which the action was commenced (refer to Section 1.20 (30) of the New York State Criminal Procedure Law).
3. Other Warrant - Any other warrant issued for the arrest or detention of an individual as defined by any section of the New York State Criminal Procedure Law other than 1 & 2 above, or any other State or Federal law. Examples are all federal warrants, Executive Law Warrants (Office of Children and Family Services (formerly known as Division for Youth) and Violation of Parole), Family Court warrants, etc.
4. Search Warrant - A court order and process directing a police officer or peace officer appointed by the state university to conduct a search of designated premises, or of a designated vehicle, or of a designated person, for the purpose of seizing designated property or kinds of property, and to deliver any property so obtained to the court which issued the warrant (refer to Section 690.05 of the New York State Criminal Procedure Law).
|Page Info:||DATE STANDARD ESTABLISHED: 2/92
DATE STANDARD REVISED: 8/99