Expert: Philip Sweeting - 10/21/2005

Question
What kind of evidence does a judge need to issue an arrest warrent?

My mother is a manager at a department store in a medium sized town,  and she told me something I don't quite understand. She and another employee  were reviewing a security tape after a shoplifter stole something and left the store.

The secretary said, "I know that guy, his name is so-and-so."

My mother called the police and gave them the name the secretary gave her. She says a warrent was issued for Mr so-and-so, based on the secratary's word.

Can a warrent really be issued on this kind of evidence? This whole story seems strange to me.

Thanks

Jo

Answer
An arrest warrant could be issued  but it would require more than the police taking your mother's word. There would be two things the police would need to prove:

1. Something was stolen
2. Have a good identification of the suspect

First they would have to prove that the property was stolen. For example say the person stole a stereo from a display and walked out the store with it. The police would want to view the video themselves and if possible determine from the store inventory the brand, serial no. etc. They would want to get a statement from your mother or store owner that something was actually stolen other than just the video.

Then the police would get a statement from the secretary herself as to the identity of the person who stole the item. They would want to know how she knew the person and they might put the persons picture in what is called a photo line up for her to identify. A photo line up is generally six pictures (faces)of similar looking people. If the suspect was a white male, blonde hair and mustache, all the photos would have to be white males, with blonde hair and mustache.

Then depending how convinced the police were that the secretary had made a good identification, then they might file for a warrant. When making this determination, the police should take into consideration the clarity of the video since these videos generally are not clear.  

The police should not take your mother's word for it when it is the secretary who identified the person.

Hope this helps.