What is a “Ramey Warrant”? A Former D.A. Explains

A Ramey warrant is an arrest warrant issued by a California judge or magistrate before the prosecutor has filed formal charges. 1 Typically, arrest warrants are issued after prosecutors file charges.

It takes time for police to go to prosecutors, who then need time to review the police’s findings. Ramey warrants allow police to go straight the judge themselves to ask for a warrant without involving prosecutors.

By making a speedy arrest with a Ramey warrant, police may be able to obtain:

• suspect confessions,
• police lineups, and
• additional evidence

This information could be more difficult to get if the police had to hold off on making an arrest until criminal charges get filed.

How arrest warrants work

Arrest warrants (including Ramey warrants) are required in the following instances:

• to make an arrest in a house or residence (arrest warrants are not required to apprehend someone in public 2 ),
• to arrest someone for most misdemeanors that occurred outside the officer’s presence, and
• to arrest someone for most offenses not committed within the political subdivision that employs the arresting officer.

Under California law, a judge issues an arrest warrant when either:

1. a criminal complaint is filed, 3
2. an indicted person fails to appear for arraignment, 4 or
3. before the filing of criminal charges if a declaration of probable cause is made by police (a Ramey warrant).

Probable cause requirement

To obtain a Ramey warrant, a police officer submits a declaration of probable cause to a magistrate. If the magistrate is satisfied that probable cause to arrest exists, they issue the warrant directing police to locate and apprehend the suspect.

Probable cause means enough evidence to make a reasonable person believe that the suspect committed, or is committing, a crime.

Although a magistrate must determine there is probable cause to arrest to issue a Ramey warrant, this process cannot be used to obtain probable cause to file charges. In other words, getting a Ramey warrant does not guarantee there will be probable cause to file criminal charges later. 5

Note that unlike with affidavits, police can make declarations without being sworn in first.

Ramey warrants before the D.A. has a chance to file charges can help preserve evidence such as in fraud cases or can help prevent violence such as in gang cases.

Why police seek Ramey warrants

1. TIMING. Ramey warrants are often requested and processed on weekends or after regular business hours. Police may not want to wait for the district attorney’s office to file a criminal case. The procedure allows police to go straight to a magistrate for a warrant.
2. TO ARREST IN A RESIDENCE. Police need a warrant to arrest someone in their home (with exceptions).
3. TO STRENGTHEN THE CASE. Police may believe that important evidence will be obtained through speedy suspect questioning, lineups, and other investigation. 6

How police execute Ramey warrants

Knock and announce

Penal Code 844 is California’s Knock and Announce Rule. It authorizes an officer with an arrest warrant to break open the door or window after:

• demanding admittance, and
• explaining the purpose for which admittance is desired. 7

Police may seek no-knock authorization from a magistrate if there is evidence that a Knock-notice would:

• be dangerous or futile,
• result in the destruction of evidence, OR
• compromise the investigation.

Third-party residences

If police believe that a suspect is in the home of a friend, relative, or other party, they must obtain a search warrant. Even if they already have an arrest warrant. Such a warrant is called a Steagald search warrant. 8

The warrant requirements do not apply to public places. The following are not considered public places:

• hotel and motel rooms,
• rented rooms in a boarding house, and
• business premises not open or visible to the public.

A Steagald search warrant is not necessary to arrest a suspect in a third-party’s motor home or houseboat. This is because their use is not just as a home but also as transportation.

Time-limit to see a judge

Once arrested, a suspect must be brought in front of a judge within 48 hours (excluding Sundays & holidays). If formal charges are not filed, the person must be released. 9

When Ramey warrants are unnecessary

Police do not need an arrest warrant if there are “exigent circumstances.” 10 Exigent circumstances are defined as:

• an emergency situation requiring swift action,
• to prevent imminent danger to life or property, OR
• to prevent the imminent escape of a suspect or destruction of evidence.

The following factors are used in determining whether exigent circumstances to arrest exist:

• the gravity of the offense involved,
• whether the subject is armed, AND
• the likelihood that the suspect will escape if not promptly arrested.

Additional resources

For more information, refer to the following:

• National Crime Information Center – The FBI’s centralized database for accessing criminal justice information, including warrants.
• SearchQuarry.com – Public record provider with warrant searches by name, city or county.
• Vinelink.com – Free site to search for outstanding warrants and criminal records in participating states.
• PeopleFinders.com – Public records site providing warrant searches among other lookup services for a fee.
• CriminalWatchdog.com – Subscription service for continuous monitoring of criminal records and warrants.

Legal References

1. People v. Ramey (Cal. 1976) 545 P.2d 1333.
2. California Penal Code 836.
3. Penal Code 813.
4. Penal Code 945 and 979.
5. See Goodwin v. Superior Court (2001) 90 Cal.App.4th 215.
6. Penal Code 825.
7. People v. Superior Court (1970) 5 Cal. App. 3d 109.
8. Steagald v U.S. (Supreme Court, 1981) 451 US 204.
9. Penal Code 825.
10. Missouri vs McNeely (Supreme Court, 20313) 569 US 141 .