New York State Court Clerk Practice Exam 2026 - Free Court Clerk Practice Questions and Study Guide

An arrest warrant is not issued regardless of an accusatory instrument, making the answer accurate as "False."

In New York, an arrest warrant typically requires an accusatory instrument, which serves as a formal charging document alleging that a crime has been committed. An accusatory instrument, such as a complaint or an information, lays out the facts of the case and must be supported by sufficient evidence for a warrant to be granted. If there is no accusatory instrument, law enforcement lacks the necessary grounds to establish probable cause for the arrest, which is a fundamental requirement for the issuance of a warrant.

The other options suggest various circumstances under which a warrant might be issued, but none capture the necessity of an accusatory instrument as a prerequisite for obtaining a warrant. It is important to understand this relationship, as it underscores the legal principle meant to protect individuals from being unjustly detained without proper formal charges being in place, ensuring due process in the criminal justice system.