Have you ever been curious about how warrant searches work in different states? Lots of people are, and there’s a lot of information on the topic. Fortunately, there is a lot of information on this topic available and you can definitely learn a lot if you know where to look for it. Everything that you could possibly need to know on the topic is available somewhere online, and we’re going to cover a great deal of it here in today’s article. If you don’t know much about this topic, you’re about to learn a whole lot about it.
We’ve dived into the deepest parts of the internet and donhttps://warrantsearches.com/e a lot of research so you wouldn’t have to. We’ve even conducted a large number of warrant searches in different states using common names to make sure that we actually understood what we were talking about just to make sure that we were coming to you with the expertise that you need on this topic. There’s a lot to learn here, and it is a very interesting topic so we’ll have to do our very best to be concise. Without further ado, let’s dive in.
Is There a Huge Difference from State to State?
You may be thinking to yourself “If warrants are required for arrests in every state, does it actually make a difference which state you’re looking in?” The answer is, potentially surprisingly, yes. Each state has a lot of control over things that happen within its borders, even when there are federal laws requiring certain things in every state. States still have their own right to decide what they will and will not include in their own state legislation. The most important thing with these federal laws is that there is some level of compliance.
The reason why warrants are required in every state is actually because of the 4th Amendment of the Constitution of the United States of America. This amendment protects you against unreasonable search and seizure by law enforcement. Because of this, warrants need to exist in order to allow for criminals that fled the scene before getting caught to be tried for their crimes. You’re actually also guaranteed a fair and speedy trial judged by a jury of your peers in the United States, as well as the right to an attorney. That’s why public defenders exist, to defend those that can’t afford an attorney.
Warrant Searches from State to State
If you count Hawaii and Alaska the United States has a total of 50 states. Within each one of these states are hundreds -if not thousands– of cities, towns, and provinces. Most states are divided up into counties where certain details of the judicial system can vary. With that being said, it is important to note that warrants can vary from county to county as well. However, once a judge signs a warrant into action it is active and the person, or people, named on it will ultimately need to be seen in court to face whatever demands that the court is requesting from them.
When it comes to laws there is a bit of a hierarchy that is involved. The federal government has its laws that umbrella the whole country, within that umbrella each state has its own laws that are based on the laws of the federal government, then each county or parish will have its own set of laws that differ from other counties in various ways. All of these laws are established by the government, but each state has its own discretion on how to implement different aspects of these laws. Within the state, each county has its own discretion of how to implement and maintain its laws.
Since the federal government established laws regarding the availability of public information to the citizens, the right for the access to public information is mandatory, unless situations such as public safety are involved.
Warrants Are Public Information
There are three basic types of warrants in the United States:
- Arrest warrants
- Search warrants
- Bench warrants
Although they are different in their own ways, the one thing that they have in common is that they are documented court proceedings, signed into action by a judge or a magistrate. Because they are official court documents, they fall under the category that allows them to be public information.
In the event where a crime has been committed, but the authorities were not witnesses of it, and the person was not caught in the act, an officer may request that a warrant for the arrest of a person can be put into action.
If the officer that requests an arrest warrant has enough probable cause that the person of interest was involved with the crime they can bring the evidence that they have, even if it is their own word, and request a warrant for the person.
The warrant is a written-out document that is signed by a judge and put into action by the court. As soon as the warrant is signed, it is in effect and the officers can arrest the person.
Search warrants are documents that are signed by a judge that give police, or authorities permission to search a person’s body, personal property, vicinity, and whereabouts of the person.
The warrant has to stipulate where the officers are allowed to search. For example, if the officers want to search the back room of the home, specifically, it has to be specified. If the entire home and property are under speculation it can be specified in the warrant so that everything on the property can be searched.
When there is enough probable cause to justify a search warrant the police can bring that evidence to the judge and ask for a search warrant. If the judge agrees with the declaration of probable cause, they will sign the warrant and it will become active until the search has been conducted.
Bench warrants are warrants that are signed into action by a judge sitting on the “bench.” What this means is that a judge can implement their own warrant and sign it into action based on facts, situations, or outcomes that are involved in court proceedings or court orders.
For example, if a person has been ordered to show up for a court date at a specific time and they do not show up, the judge can issue a bench warrant on the grounds of the person failing to appear for a court date.
Another example of how a judge can implement a bench warrant is if a person fails to pay a specified amount of a fine in the amount of time that was specified by the court.
When a person fails a court order, they are in jeopardy of having a bench warrant filed against them for an order to remand them into the custody of the court.
Warrant Searches in General
The bottom line is that warrants in general are public information. What this means is that regardless of what state you live in you have the right to know the truth about how the government handles its business. However, keep in mind that the government within each state, and each county has the responsibility to protect the community from threats. If warrant information pertaining to certain people or cases has the potential to put the general public at risk, the courts can, and will keep the information secret and unavailable until after the court proceedings.
Whether you are in California, Texas,New York, or anywhere else in the United States all you have to do is do a state warrant search with the correct information on the person, or people that you are inquiring about and you will be able to get any information that is currently available. It’s that easy.