Is an affidavit of probable cause the same as a warrant?

And can you be arrested on an affidavit? If so, for how long?

Asked on October 17, 2013 under Criminal Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

An Affidavit for Probable Cause is a warrant of sorts but it is a search warrant made under the guise of the  4th Amendment of the Constitution.  It is not an arrest warrant but if there are grounds for the arrest because of items that are found during the search then you can be arrested.  How long depends on the charge and arraignment and bail and a whole host of other things.  Get help.


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