Warrant — in plain language

Plain language

an official document from a court or authority that allows someone, usually police, to do something like make an arrest or search a place

• a court order allowing an action
• official permission to act
• a signed authorization

What to watch for

• As a noun in criminal law a warrant is a court's written authorization (to arrest or search); as a verb in contracts it means to guarantee or promise something is true, so a plain rewrite must match the sense.
• Do not confuse a 'warrant' (authority to arrest or search) with a 'warranty' (a promise about quality); they share a root but mean different things.
• A warrant to do something also means the action is justified, so 'the facts warrant a search' means the facts justify it, not that a document exists; keep this everyday sense distinct from the court-document sense.

Court Document vs. Promise. The same word means very different things depending on whether it is a noun in criminal law or a verb in a contract. As a noun, a warrant is a court's written authority to arrest or search. As a verb, to "warrant" is to give a binding promise that something is true. A plain rewrite must look at how the word is used and pick the right sense.

Warrant vs. Warranty. People mix up "warrant" and "warranty." A warrant (in the criminal sense) is permission to act, like to arrest or search. A warranty is a promise about quality, such as a guarantee that a product will work. They come from the same root but are not interchangeable, and a translation should keep them apart.

Common Misunderstandings by Non-Lawyers.

• "A warrant and a warranty are the same word for the same thing." (No — a warrant authorizes an action; a warranty is a promise about quality.)
• "Police can always search without a warrant if they think there's a crime." (Usually not — a search generally needs a warrant based on good reason, with limited exceptions.)
• "When a contract says a party 'warrants' something, it's just describing it." (No — it is a binding promise, and the party can be held responsible if it turns out to be false.)

Legal definition

An official document, usually issued by a court, that gives someone the legal authority to take a specific action — most familiarly a warrant that lets police arrest a person or search a place. In that sense a warrant is the paperwork that makes an otherwise improper action lawful. The word has other uses too: as a verb in contracts it means to promise or guarantee that something is true, and in finance it names a security that lets the holder buy a company's shares at a set price. It also carries the everyday meaning of "to justify," as in facts that warrant a closer look.

Meanings by context

contracts and commerce (verb): to formally promise or guarantee that something is true

finance: a certificate letting you buy a company's shares at a fixed price later

Examples

Where you'll see it

• arrest and search warrants
• police investigations
• contractual promises and guarantees
• financial securities

Related terms

• arrest
• search warrant
• probable cause
• subpoena
• capias
• warranty

Word details

Pronunciation

WAWR-uhnt

Part of speech

noun

Origin

Anglo-French — from 'warant' — a protector, guarantee, or authorization; something that justifies or authorizes an action

Domains

criminal procedure, constitutional law, contract law, commercial law

Frequency

very common

Formality

moderate