A motion to quash a warrant is a request for a court to find a warrant, or part of a warrant, to be invalid. “Quash” means to nullify, void or declare invalid.
If a search warrant of your property is quashed, evidence found through the defective warrant can be suppressed or thrown out of court. If an arrest warrant or bench warrant for your arrest is quashed, then you are no longer vulnerable to arrest.
Search Warrants
Search warrants are court orders that allow law enforcement to search:
- you,
- your residence,
- your vehicle,
- your place of business, or
- any other specified place suspected of containing evidence of unlawful activity.
The Fourth Amendment of the United States Constitution guarantees:
The right of the people to be secure in their persons and houses against unreasonable searches and seizures, and no Warrants shall issue, but upon probable cause, particularly describing the place to be searched, and the persons or things to be seized.1
Obtaining and Executing Search Warrants
To obtain a search warrant, law enforcement must submit an application to a magistrate (judge). The application includes an affidavit under penalty of perjury that:
- names or describes the person to be searched,
- particularly describes the property, thing, or things to be searched for, and
- specifically describes the place to be searched.2
When law enforcement executes the warrant, the warrant authorizes the seizure of the described evidence.
Quashing Search Warrants
Motions to quash a search warrant are usually made after a search and seizure has been completed. These motions claim that the warrant is:
- insufficient on its face,
- lacks probable cause, or
- resulted in the seizure of evidence not described in the warrant.3
Motions that claim that the supporting affidavit contained fatal mistakes or omissions are called Franks Motions.4
Note it is possible to file a motion to quash before a search warrant is executed.5
Example: A woman received an email from Facebook saying they had been served with a search warrant to search her account. Facebook informed her they would give the sheriff the requested information in six days unless she or her criminal defense attorney filed a motion to quash with the court. After the ACLU filed a Motion to Quash Search Warrant on her behalf, the prosecutor withdrew the search warrant.6
These motions are very technical, so your attorney can compose and file one on your behalf.
A criminal defense lawyer (including public defenders) can file a motion asking for a court hearing to quash warrants.
Arrest Warrants
An arrest warrant is issued when a magistrate is satisfied that there is probable cause to believe that you have committed a felony or a misdemeanor.7 Once the warrant is issued, you may be:
- arrested by police officers and
- brought before a magistrate for a court appearance.
Arrest Warrant Requirements
To be valid, an arrest warrant must specify the:
- your name (or fictitious name and adequate description),
- time of issuance,
- city or county of issuance,
- signature and title of the magistrate, judge, justice, or other issuing authority, and
- name of the court or other issuing agency.8
Quashing Arrest Warrants
A motion to quash an arrest warrant is a claim that an arrest warrant is invalid or unlawful. You (or your attorney) can file this motion in court.
If the warrant for your arrest is quashed, the police should no longer pursue you. If you were already arrested due to the warrant, you should be released.
Other names for “quashing” include recalling or clearing.
Bench Warrants
When you allegedly defy court orders, the judge in the case can issue a bench warrant for your arrest. Typically, a bench warrant may be issued when you fail to appear after being:
- ordered to personally appear in court at a specific time and place,
- released from custody on bail and ordered to appear at a specific time and place,
- released from custody on your own recognizance and promise to appear,
- released upon citation and signed a promise to appear in court, or
- authorized to appear by counsel, and the court ordered that you personally appear.9
If you are arrested on a bench warrant, you may be able to bail out. Though some bench warrants are “no bail,” which means you may be held in custody pending the outcome of your case unless the judge agrees to release you earlier.
Quashing Bench Warrants
To quash an outstanding bench warrant, you (or your attorney) must file a motion with the court. The court will then put the matter on calendar.
Then on that court date, you (or your attorney) will make an oral motion to quash the warrant. The judge should comply because you (or your attorney) have now complied with the order to appear.10
Contact an attorney for advice on how to keep your criminal record/public records clear following a warrant. Court rules vary by jurisdiction.
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
- Fourth Amendment, U.S. Constitution.
- See, for example, .
- See, for example, California Penal Code 1538.5 PC.
- Franks v. Delaware (1978) 438 U.S. 154.
- Motion to Quash Search Warrant (March 8, 2017) 17-1-00291-0
- Same.
- See, for example, California Penal Code sections 813 and 827.1 PC.
- See, for example, State v. Harrison (Ohio Supreme Court, 2021) . See also People v. Coleman (Cal.App. 2024) .
- See, for example, California Penal Code 978.5 PC.
- See, for example, State v. NewKirk (Washington State, 1993) .
