Subpoenas and warrants are two orders that are often confused with one another. And it’s not surprising, since they share some similarities. For instance, the court or an officer of the court can issue both a subpoena and a warrant. But there are clear distinctions between the two:
- a subpoena compels action by an individual or entity
- a warrant authorizes action by a legal authority.
A brief explanation of each writ below will illuminate other differences.
What is a Subpoena?
A subpoena compels the person or organization to whom it is directed to provide information relevant to a legal proceeding in one of three ways
- Produce documents, electronically stored information, or objects at a specified date, time, and place
- Permit entry to a specified location for inspection, measurement, testing, etc., at a specified date and time
- Provide testimony at a trial, hearing, or deposition at a specified date and time
In many instances, the entity being served a subpoena has no direct connection to the case itself. For example, the prosecuting attorney may issue a subpoena for the bank records of a defendant in a criminal case. Or an insurance company may be subpoenaed in a civil matter to provide documents relating to a person or entity’s coverage. The bank and insurance company must comply or face legal penalties, but they are not implicated in the case.
What is a Warrant?
There are several types of warrants, but “authorization” is the keyword in the definition of each. The issuing agency, usually a judge or magistrate, authorizes an act that would otherwise violate an individual’s rights and be illegal, such as entering an individual’s premises without permission. And like subpoenas, warrants pertain to either people or property; however, the course of action is very different.
Types of Warrants
An arrest warrant orders an officer to arrest the person named in the warrant and bring them before the court, while a bench warrant is specifically for the arrest of an individual in contempt of court or indicted. A fugitive warrant authorizes the arrest of an individual who has fled from another jurisdiction; it is part of the rendition process, and a Governor’s warrant authorizing extradition of the suspect to the receiving state usually follows. Finally, a material witness warrant authorizes the arrest and detention of an individual material in a criminal proceeding who refuses or neglects to comply with a subpoena.
A search and seizure warrant authorizes law enforcement to search a location, vehicle, or person and seize evidence. A no-knock search warrant, albeit few and far between, goes a step further: It authorizes law enforcement to enter without prior announcement if there are concerns that evidence could be destroyed if notice were given. An anticipatory search warrant requires an affidavit showing probable cause that evidence of a particular crime will be at a specified location at some time in the future. It is often used to seize forged checks or documents.
Eleina Thomas, Esq. is a partner at Gertsburg Licata. She can be reached at [email protected] or by phone at (216) 573-6000.
This article is for informational purposes only. It is merely intended to provide a very general overview of a certain area of the law. Nothing in this article is intended to create an attorney-client relationship or provide legal advice. You should not rely on anything in this article without first consulting with an attorney licensed to practice in your jurisdiction.
