Warrant vs. Subpoena — What's the Difference?
Edited by Tayyaba Rehman — By Fiza Rafique — Updated on April 26, 2024
A warrant is a legal document authorizing police action like searches or arrests, while a subpoena compels individuals to testify or produce evidence.
Difference Between Warrant and Subpoena
Table of Contents
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Key Differences
A warrant is issued by a judge or magistrate and gives law enforcement the authority to perform specific acts, such as entering private property or making an arrest. In contrast, a subpoena is a court order that requires a person to appear in court to testify or produce documents.
Warrants are primarily used in the context of criminal investigations to facilitate the gathering of evidence or the apprehension of suspects. Subpoenas, on the other hand, are used in both criminal and civil proceedings to ensure the presence of witnesses or the availability of documentary evidence.
To obtain a warrant, law enforcement must demonstrate probable cause that a crime has been committed. Conversely, a subpoena can be issued based on the legal and relevant needs of a case, without the stringent requirement of probable cause.
The issuance of a warrant typically involves a higher degree of scrutiny regarding the invasion of privacy, as it may involve entering homes or accessing personal information. Subpoenas, while compelling disclosure, generally involve less direct intrusion into personal privacy.
Non-compliance with a warrant, such as resisting a search or arrest, can lead to immediate legal consequences, including additional criminal charges. Non-compliance with a subpoena, while also carrying legal consequences, usually leads to contempt of court proceedings or fines.
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Comparison Chart
Legal Authority
Issued by a judge/magistrate
Issued by a court or legal authority
Purpose
Authorizes police actions (search, arrest)
Compels testimony or evidence production
Usage Context
Primarily in criminal investigations
Both criminal and civil proceedings
Requirement
Requires probable cause
Requires relevance to the case
Consequences of Non-Compliance
Immediate legal actions (e.g., arrest)
Leads to contempt of court or fines
Compare with Definitions
Warrant
A document issued by a legal or government official authorizing the police or some other body to make an arrest, search premises, or carry out some other action relating to the administration of justice.
The police had a warrant for his arrest.
Subpoena
Serve or summon with a subpoena.
The witness and her records were subpoenaed.
Warrant
An assurance or promise, often in written form, that some conditions will be met.
The appliance comes with a one-year warranty against defects.
Subpoena
A writ ordering a person to attend a court.
The subpoena required her to testify at the trial next week.
Warrant
Formal and explicit approval.
A Democrat usually gets the union's endorsement.
Subpoena
A document that compels the production of documents or evidence in a court of law.
The lawyer issued a subpoena for the company's financial records.
Warrant
A document issued by a legal or government official authorizing the police or another body to make an arrest, search premises, or carry out some other action relating to the administration of justice
An extradition warrant
Magistrates issued a warrant for his arrest
Subpoena
A subpoena (; also subpœna, supenna or subpena) or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoenas: subpoena ad testificandum orders a person to testify before the ordering authority or face punishment.
Warrant
Justification or authority for an action, belief, or feeling
There is no warrant for this assumption
Subpoena
An order issued under the authority of a court or other governmental body, commanding a person to appear and give testimony or to release certain evidence.
Warrant
An official certificate of appointment issued to an officer of lower rank than a commissioned officer.
Subpoena
To serve or summon with such an order.
Warrant
Justify or necessitate (a course of action)
The employees feel that industrial action is warranted
Subpoena
A writ requiring a defendant to appear in court to answer a plaintiff's claim.
Warrant
Officially affirm or guarantee
The vendor warrants the accuracy of the report
Subpoena
(legal) A writ requiring someone to appear in court to give testimony.
Warrant
(Law) A judicial writ authorizing the search or seizure of property, arrest of a person, or the execution of a legal judgment.
Subpoena
(transitive) To summon with a subpoena.
Warrant
A voucher authorizing payment or receipt of money.
Subpoena
A writ commanding the attendance in court, as a witness, of the person on whom it is served, under a penalty; the process by which a defendant in equity is commanded to appear and answer the plaintiff's bill.
Warrant
An option to buy stock at a specified price from an issuing company.
Subpoena
To serve with a writ of subpœna; to command attendance in court by a legal writ, under a penalty in case of disobedience.
Warrant
Justification for an action or a belief; grounds
"The difficulty of predicting the future is no warrant to ignore it" (Brian Hayes).
Subpoena
A writ issued by court authority to compel the attendance of a witness at a judicial proceeding; disobedience may be punishable as a contempt of court
Warrant
Something that provides assurance or confirmation; a guarantee or proof
"The kind of uncertainties and ambiguities ... which may damage [his] essays ... are often a warrant of authenticity in [his] fiction" (John Edward Hardy).
Warrant
Authorization or certification; sanction, as given by a superior.
Warrant
A warrant officer.
Warrant
A certificate of appointment given to a warrant officer.
Warrant
To provide adequate grounds for; justify or require
What could he have done that would warrant such a punishment?.
Warrant
To guarantee (a product).
Warrant
To guarantee (a purchaser) indemnification against damage or loss.
Warrant
(Law) To guarantee clear title to (real property).
Warrant
Authorization or certification; a sanction, as given by a superior.
Warrant
(countable) Something that provides assurance or confirmation; a guarantee or proof.
A warrant of authenticity; a warrant for success
Warrant
(countable) An order that serves as authorization; especially a voucher authorizing payment or receipt of money.
Warrant
An option, usually issued together with another security and with a term at issue greater than a year, to buy other securities of the issuer.
Warrant
A judicial writ authorizing an officer to make a search, seizure, or arrest, or to execute a judgment.
An arrest warrant issued by the court
Warrant
(countable) A certificate of appointment given to a warrant officer.
Warrant
A document certifying that a motor vehicle meets certain standards of mechanical soundness and safety; a warrant of fitness.
Warrant
A defender, a protector.
Warrant
Underclay in a coal mine.
Warren earth
Warrant
To protect, keep safe (from danger).
Warrant
To give (someone) an assurance or guarantee (of something); also, with a double object: to guarantee (someone something).
Warrant
(transitive) To guarantee (something) to be (of a specified quality, value, etc.).
Warrant
(transitive) To guarantee as being true; (colloquially) to believe strongly.
That tree is going to fall, I’ll warrant.
Warrant
(transitive) To authorize; to give (someone) sanction or warrant (to do something).
I am warranted to search these premises fully.
Warrant
(transitive) To justify; to give grounds for.
Circumstances arose that warranted the use of lethal force.
Warrant
That which warrants or authorizes; a commission giving authority, or justifying the doing of anything; an act, instrument, or obligation, by which one person authorizes another to do something which he has not otherwise a right to do; an act or instrument investing one with a right or authority, and thus securing him from loss or damage; commission; authority.
Warrant
A writing which authorizes a person to receive money or other thing.
Warrant
That which vouches or insures for anything; guaranty; security.
I give thee warrant of thy place.
His worth is warrant for his welcome hither.
Warrant
A precept issued by a magistrate authorizing an officer to make an arrest, a seizure, or a search, or do other acts incident to the administration of justice.
Warrant
That which attests or proves; a voucher.
Warrant
An official certificate of appointment issued to an officer of lower rank than a commissioned officer. See Warrant officer, below.
Warrant
Right; legality; allowance.
Warrant
To make secure; to give assurance against harm; to guarantee safety to; to give authority or power to do, or forbear to do, anything by which the person authorized is secured, or saved harmless, from any loss or damage by his action.
That show I first my body to warrant.
I'll warrant him from drowning.
In a placeLess warranted than this, or less secure,I can not be.
Warrant
To support by authority or proof; to justify; to maintain; to sanction; as, reason warrants it.
True fortitude is seen in great exploits,That justice warrants, and that wisdom guides.
How little while it is since he went forth out of his study, - chewing a Hebrew text of Scripture in his mouth, I warrant.
Warrant
To give a warrant or warranty to; to assure as if by giving a warrant to.
[My neck is] as smooth as silk, I warrant ye.
Warrant
To secure to, as a grantee, an estate granted; to assure.
Warrant
A writ from a court commanding police to perform specified acts
Warrant
A type of security issued by a corporation (usually together with a bond or preferred stock) that gives the holder the right to purchase a certain amount of common stock at a stated price;
As a sweetener they offered warrants along with the fixed-income securities
Warrant
A written assurance that some product or service will be provided or will meet certain specifications
Warrant
Show to be reasonable or provide adequate ground for;
The emergency does not warrant all of us buying guns
The end justifies the means
Warrant
Stand behind and guarantee the quality, accuracy, or condition of;
The dealer warrants all the cars he sells
I warrant this information
Common Curiosities
What happens if a subpoena is ignored?
Ignoring a subpoena can lead to legal penalties such as contempt of court, which may include fines or jail time.
Can a warrant be issued without a person's knowledge?
Yes, warrants can be issued without the knowledge of the person being targeted, especially in cases where prior knowledge could compromise the investigation.
How long is a warrant valid?
The validity of a warrant varies by jurisdiction but typically remains in effect until the order is executed or canceled by a court.
What rights does a person have when served with a warrant?
A person served with a warrant has the right to ask to see the warrant, verify its legality, and consult with a lawyer as soon as possible.
What authority does a subpoena have across state lines?
While subpoenas have legal authority, enforcing them across state lines can require additional steps like domesticating the subpoena in the new state according to local court rules.
Is there a way to prevent a warrant from being issued?
Generally, once probable cause is established, a warrant can be issued. Legal intervention to prevent this would typically require challenging the basis of the probable cause or the manner in which the evidence was gathered.
What constitutes probable cause for issuing a warrant?
Probable cause for a warrant exists when there is a reasonable basis to believe that a crime has occurred and that evidence pertinent to the crime exists at the location to be searched or involves the person to be arrested.
Are there different types of subpoenas?
Yes, the main types are subpoena ad testificandum, which requires a person to testify before a court, and subpoena duces tecum, which requires documents to be produced.
Does a subpoena have to be served in person?
Generally, subpoenas must be served in person to ensure that the recipient is aware of the legal obligation; however, some jurisdictions may allow other methods of service, such as mailing or electronic service, depending on the case.
Can a subpoena be challenged or quashed?
Yes, the recipient of a subpoena can challenge its validity in court, typically on grounds such as overbreadth, relevance, or undue burden.
How specific must a warrant be?
A warrant must clearly specify the area to be searched and/or the persons or items to be seized, which helps protect individuals from unreasonable searches.
Can police execute a warrant at any time of day?
Typically, warrants can be executed at any reasonable time unless the warrant specifies otherwise, such as a nighttime restriction.
Who can issue a subpoena?
Subpoenas can be issued by a court clerk or a legal representative as part of the discovery process in legal proceedings.
What is an anticipatory warrant?
An anticipatory warrant is issued based on probable cause that certain evidence of a crime will be found at a specific location in the future.
What should someone do if they mistakenly receive a subpoena intended for someone else?
If someone receives a subpoena intended for another person, they should notify the sender of the mistake immediately and not take any action required by the subpoena.
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Written by
Fiza RafiqueFiza Rafique is a skilled content writer at AskDifference.com, where she meticulously refines and enhances written pieces. Drawing from her vast editorial expertise, Fiza ensures clarity, accuracy, and precision in every article. Passionate about language, she continually seeks to elevate the quality of content for readers worldwide.
Edited by
Tayyaba RehmanTayyaba Rehman is a distinguished writer, currently serving as a primary contributor to askdifference.com. As a researcher in semantics and etymology, Tayyaba's passion for the complexity of languages and their distinctions has found a perfect home on the platform. Tayyaba delves into the intricacies of language, distinguishing between commonly confused words and phrases, thereby providing clarity for readers worldwide.
