Legal Question in Criminal Law in New York

Re: search warrants

Generally, yes, if it is not in conjunction with a federal indictment. A 690.05 search warrant can be issued and used to search a designated premises to effect the arrest of someone pursuant to a separate felony arrest/bench warrant. The law of warrants is very complex and you should seek the advice of a criminal defense attorney for more specific information.

Re: search warrants

1. There is the issue of the charges underlying the arrest.

(i) If a felony, then the officer likely has an independant basis for an arest.

(ii) It is only for a misdemeanor that the issue emerges and then look to the sworn statement in support of the warrant. If it alleges sufficiently the crime charged, then that would constitute a sufficient basis for the arrest.

This is a technical area of the law and 690 alone will not provide a full answer.