What is Arrest Warrant and Emergency Arrest Warrant

There is often confusion between an emergency arrest and arresting a suspect caught in the act (commonly known as a “warrantless arrest” under exigent circumstances). In D.C., an officer can arrest without a warrant if the person is actively committing a felony or certain misdemeanors, or where probable cause exists and delay poses a risk of escape or evidence destruction. However, the key difference lies in what follows: in emergency arrest scenarios, law enforcement must promptly submit a formal request for a judicial arrest warrant within a specific legal time frame “usually 48 hours” to retroactively justify the detention and prevent an unlawful ongoing seizure.

For law enforcement in Washington D.C. to conduct an emergency arrest and later obtain a valid warrant, the following conditions must generally be met and later documented in the legal filing:

• The offense is punishable by imprisonment exceeding one year (felony-level), indicating the severity of the alleged crime.
• Probable cause exists that the individual committed the offense, meaning the facts and circumstances available to the officer are sufficient to warrant a prudent person in believing the suspect committed the crime.
• There is a significant risk of flight or destruction of evidence that immediate action is required.
• The time required to secure a standard arrest warrant would jeopardize the investigation or public safety.

Such emergency arrest protocols are typically applied to violent crimes like homicide, armed robbery, and sexual assault, though D.C. law does not restrict its use solely to these categories, focusing instead on the potential for grave harm or loss of evidence.

According to D.C. Superior Court Criminal Rule 5, after an emergency arrest, the arrestee must be presented before a judge "without unnecessary delay" and in most cases, within 48 hours, excluding weekends and legal holidays. Within this critical timeframe, prosecutors must:

• File a formal complaint supported by probable cause, detailing the factual basis for the underlying crime.
• Submit the request for judicial issuance of an arrest warrant or detention order, providing the necessary justification for the initial warrantless seizure.
• Demonstrate that the emergency nature of the arrest was truly necessary to prevent flight, evidence destruction, or immediate harm.

If a valid judicial warrant is not granted within this time frame, the detainee must be released, and any further detention without a new, valid warrant is considered unlawful, potentially leading to the suppression of evidence.

Early legal intervention is vital, as attorneys can quickly review the legitimacy of the emergency arrest, assess whether constitutional standards were met, and represent the detainee during the crucial judicial review process. Key initial steps include:

• Do Not Resist: Any resistance during an arrest, even if the arrest is later proven unlawful, can lead to additional charges like Obstruction of Justice or Resisting Arrest.
• Exercise the Right to Remain Silent: Avoid making any statements, explanations, or admissions to law enforcement until legal counsel is physically present, as anything you say can and will be used against you in court.
• Request Legal Representation Immediately: Clearly and unequivocally state that you wish to speak with an attorney and invoke your Sixth Amendment right to counsel during any interrogation.
• Request Information: Politely ask what offense is being investigated and whether a formal arrest warrant has been issued to understand the legal basis of your current detention.

This defense strategy focuses on protecting the detainee's rights at the moment of highest vulnerability, creating a strong foundation for challenging the legality of the initial warrantless seizure and the subsequent emergency arrest warrant application.