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To determine whether an arrest is reasonable, “we begin with history. We look to the statutes and common law of the founding era to determine the norms that the Fourth Amendment was meant to preserve.” Virginia v. Moore, 553 U.S. 164, 168 (2008). If history does not provide a conclusive answer, we apply the “traditional standards of reasonableness ‘by assessing, on the one hand, the degree to which [the arrest] intrudes upon an individual’s privacy and, on the other, the degree to which [the arrest] is needed for the promotion of legitimate governmental interests.’” Id. at 171 (quoting Wyoming v. Houghton, 526 U.S. 295, 300 (1999)).

History resolves this appeal. The parties agree that the key question is whether a writ of bodily attachment for unpaid child support is a warrant within the meaning of the Fourth Amendment. Because history tells us that it is, Officer Rodriguez had the authority to arrest Phillips. . .

The Fourth Amendment does not require warrants to be based on probable cause of a crime, as opposed to a civil offense. Nothing in the original public meaning of “probable cause” or “Warrants” excludes civil offenses. At the Founding, “probable cause” meant “made under circumstances which warrant suspicion.” Locke v. United States, 11 U.S. 339, 348 (1813) (Marshall, C.J.). And “warrant” meant “[a] Precept under Hand and Seal to some Officer to bring an Offender before the Person granting it.” Warrant, A New Law Dictionary 768 (Giles Jacob ed. 1739); accord 2 Warrant, A New and Complete Law-Dictionary 766 (Timothy Cunningham ed. 1765); 2 Warrant, American Dictionary of the English Language 904 (Noah Webster ed. 1828).

Writs of bodily assistance for unpaid child support satisfy these definitions. Florida courts issue the writ only after they find a person liable for civil contempt by a preponderance of the evidence—a standard of proof that is higher than probable cause, see United States v. Sokolow, 490 U.S. 1, 7 (1989). And a writ of bodily attachment is a “warrant,” originally defined: it orders the contemnor’s arrest and “direct[s]” that he “be brought before the court.” Fla. Fam. L.R.P. 12.615(c)(2)(B).

That a writ of bodily attachment is based on civil contempt, as opposed to a crime, makes no difference. Civil warrants were common at the Founding and up through the ratification of the Fourteenth Amendment. See, e.g., U.S. ex rel. Deimel v. Arnold, 69 F. 987 (7th Cir. 1895) (writ of capias ad satisfaciendum); Curry v. Johnson, 13 R.I. 121 (1880) (writ of replevin); Semayne’s Case, 77 Eng. Rep. 194 (1604) (writ of replevin); Davies, supra, at 585 & n.94 (writ of assistance); Potter Stewart, The Road to Mapp v. Ohio and Beyond: The Origins, Development and Future of the Exclusionary Rule in Search-and-Seizure Cases, 83 Colum. L. Rev. 1365, 1370 (1983) (writ of assistance). Civil arrest warrants were (and still are) subject to the same standards as criminal arrest warrants. See West v. Cabell, 153 U.S. 78, 85–86 (1894).

The closest historical analog to the writ of bodily attachment for unpaid child support is the bench warrant. A bench warrant, or, more traditionally, a “capias,” instructs the police to arrest someone to ensure that he appears in court. See Capias (Capias Ad Respondendum), Black’s Law Dictionary (10th ed. 2014); Warrant (Bench Warrant), Black’s Law Dictionary (10th ed. 2014). Courts have long issued bench warrants after holding someone in contempt. See William Waller Hening, The New Virginia Justice 570 (Richmond, Johnson & Warner, 2d ed. 1810); 4 Blackstone, supra, at *281–83. And the Federal Rules of Civil Procedure today expressly contemplate bench warrants for “civil contempt of a decree or injunction.” Fed. R. Civ. P. 4.1(b).

This Court has held that arrests based on bench warrants satisfy the Fourth Amendment, see Simon v. United States, 644 F.2d 490, 494 (5th Cir. 1981), and our sister circuits agree with that proposition even when the bench warrant is based on civil contempt. The Seventh Circuit has held that a bench warrant for failure to pay child support does not present a problem under the Fourth Amendment. Armstrong v. Squadrito, 152 F.3d 564, 569–70 (7th Cir. 1998). And the Second Circuit has explained why bench warrants satisfy the probable-cause requirement of the Warrants Clause:

United States v. Spencer, 684 F.2d 220, 223 (2d Cir. 1982); accord United States v. Gooch, 506 F.3d 1156, 1159 & n.1 (9th Cir. 2007); People v. Allibalogun, 727 N.E.2d 633 (Ill. App. Ct. 2000). We agree with our sister circuits. Because bench warrants and writs of bodily attachment for unpaid child support are virtually indistinguishable, the long historical pedigree of the former convinces us that the latter also passes constitutional muster.

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