Who is authorized to issue an arrest warrant?

The authority to issue an arrest warrant lies with a clerk or judge because they are considered judicial officers who have the legal authority to review evidence and determine whether there is probable cause for an arrest. This process typically requires presenting sufficient justification based on facts, which the judge or clerk assesses before approving the warrant.

Police officers, while they may play a crucial role in investigating and providing evidence for the need for an arrest warrant, do not have the legal authority to issue one themselves. Private citizens have no legal standing to issue arrest warrants, as this power is reserved for judicial authority to ensure checks and balances within the justice system. A disinterested magistrate is, in fact, a type of judge or clerk, but the broad designation of "clerk or judge" encompasses all relevant judicial officers, making it the more comprehensive and correct choice in this context.