State v. Blackwell

It is elemental that a warrant of arrest may be issued only by an officer authorized by law to do so. S. v. McGowan, 243 N.C. 431, 90 S.E. 2d 703; 22 C.J.S., Criminal Law, Sec. 318, p. 470.

The power to issue warrants is conferred generally upon certain designated judicial officers and other persons by G.S. 15-18. Other judicial officers are authorized to issue warrants by G.S. 7-198. The foregoing statutes do not confer upon police sergeants the power-to issue warrants.

In the case at hand the State contends that the police sergeant who issued the warrant was specifically authorized to do so…