Alabama Warrant Search

Alabama Warrant Search
What Is Alabama Warrant Search?
How To Conduct a Warrant Search in Alabama
Are Alabama Warrant Records Publicly Accessible?
How Are Warrants Issued in Alabama?
Common Types of Warrants in Alabama
How Long Are Warrants Valid in Alabama?
How To Find Out If You Have a Warrant in Alabama
FAQ

A warrant search in Alabama is a process that involves determining if a court in the state has issued any warrant for an individual. Warrant searches can be conducted for various purposes, such as personal research or due diligence. These searches generally provide essential information, including the type of warrant, the date it was issued, and the authority that issued it.

What Is Alabama Warrant Search?

A warrant search in Alabama is a process for looking up warrants that have been issued and/or executed in the state. Warrants are court orders that authorize law enforcement officers to take a specific action, such as searching, making an arrest, breaking a gambling room, or seizing an item. The Alabama Public Records Law classifies these documents as public information; as such, interested parties can typically access warrant information through a warrant search to determine whether a person is subject to an outstanding warrant.

However, certain warrant information is not available for public disclosure if it is confidential, exposes sealed court cases or juvenile records, or affects ongoing investigations.

How To Conduct a Warrant Search in Alabama

Interested parties who want to conduct a warrant search in Alabama can use several methods, including:

Official online databases include the state's On-Demand Public Access to Trial Court Records platform and the Alabama Law Enforcement Agency's Background Check System.
Directly contact the law enforcement agency and/or trial courts in the county where you believe the warrant was issued.
Using reputable third-party websites like RecordsFinder may aid in warrant searches.

County Sheriff's Offices and Local Police Departments

In Alabama, you can conduct a warrant search by contacting the local police department or sheriff's office in the county where the warrant was issued. You may visit these agencies in person since most counties do not provide warrant information online. Some major counties with online lookup services include Calhoun County Sheriff's Office's Warrant Search, Tuscaloosa County Sheriff's Office, Montgomery County Sheriff's Office inmate and warrant search portal, Morgan County Sheriff's Office warrant portal, and Mobile County Sheriff's Office active arrest warrants. You may contact the appropriate law enforcement agency for more information.

Are Alabama Warrant Records Publicly Accessible?

The Alabama Public Records Law classifies warrants as public information, which are primarily outlined under Section 6-12-40 of the Alabama Code. According to this law, every citizen has the right to inspect and obtain copies of any public records, including arrest warrants, upon request from the custodian of such records. Due to this, you may check resources like the state's On-Demand Public Access to Trial Court Record portal or visit the local courthouse where the warrant was issued to access these records.

You may be required to submit an official request and provide information like the name of the individual on the warrant and the approximate date or type of offense for which the warrant was issued. Fees may also apply to obtain physical copies of the warrant.

Although warrants are classified as public records in Alabama, certain records are still restricted from public disclosure. In particular, warrants about juvenile delinquency cases, high-profile cases, active warrants issued for ongoing investigations, and warrants that have been sealed are deemed confidential under state law and are typically restricted/redacted from a warrant search.

How Are Warrants Issued in Alabama?

The legal framework for the issuance and execution of warrants in Alabama is outlined in Rule 3 of the Alabama Rules of Criminal Procedure. This process protects individual rights, allowing law enforcement to effectively investigate and address criminal activity. To this end, specific key steps must be taken before a warrant may be issued and after it has been executed. These include determination of probable cause, judicial authorization, and proper documentation.

Probable Cause Determination

Probable cause is a critical requirement for issuing warrants in Alabama. Before any warrant may be issued, law enforcement officers must establish "probable cause" by presenting sufficient evidence demonstrating the reasonable belief that a specific individual has committed a crime or that the person to be arrested is linked to the crime or that evidence related to a crime can be found in a particular location.

This evidence may include complaints or testimony of witnesses, physical evidence like fingerprints collected during an investigation, or other credible information. The officer seeking the warrant typically has to submit an affidavit detailing the facts and circumstances that they believe establish this probable cause.

Issuance by a Judge or Magistrate

Once probable cause has been established, the next step involves obtaining approval for the warrant. The law enforcement officer must present the affidavit (and supporting evidence) to an authorized judicial officer, who will review it to determine if probable cause exists and all legal requirements have been followed. If satisfied, they will sign the warrant authorizing the requested action.

In Alabama, only circuit, district, probate, and municipal judges, justices of the Supreme Court, and magistrates generally have the legal authority to issue warrants.

Entry into Law Enforcement Databases

Once a warrant is issued in Alabama, it is usually entered into various law enforcement databases. The Alabama local police departments and sheriff's offices typically use the Criminal Justice Information System (CJIS) database of the Alabama Law Enforcement Agency (ALEA), a statewide repository of criminal justice information.

Depending on the nature of the warrant and the underlying offense, the information may also be entered into national databases maintained by the National Crime Information Center (NCIC), accessible to law enforcement agencies nationwide.

While the full details of these databases are typically reserved for law enforcement use, specific (usually very limited) details may be made available to the public, usually through law enforcement and court-provided online portals.

Common Types of Warrants in Alabama

Alabama has several types of warrants, each serving a distinct purpose. They include, but are not limited to:

Arrest Warrants: These authorize law enforcement officers to apprehend and detain a person suspected of committing a crime. Arrest warrants can be issued for felonies, misdemeanors, and wanted fugitives.
Bench Warrants: These are issued when an individual, whether as a defendant or witness, fails to comply with court orders, such as failing to appear in court or pay a fine, missing a probation hearing, or failing to comply with a sentence.
Search Warrants: These authorize law enforcement to search for personal property or a specific location for evidence of a crime.
Extradition Warrants: These are issued when an individual or suspect is found in a state other than where they are wanted. These warrants alert the local law enforcement officers that such individuals should be taken into custody and returned to the state where the charges are pending.
Capias Warrants: These are typically used in civil cases when a party or an individual fails to comply with a court order.
Alias Warrants: These are issued when an individual fails to appear in court after being charged with traffic violations or other minor offenses.
Juvenile Pick-Up Orders: These are issued for juveniles who violate court orders.

Arrest Warrants in Alabama

An arrest warrant is a court order authorizing law enforcement to apprehend and take a specific individual into custody. These warrants are issued when there is probable cause to believe that the individual (named on the warrant) has committed a crime and are typically executed as part of a broader investigation and subsequent criminal proceeding. In Alabama, arrest warrants usually remain active until law enforcement executes them or the court recalls them.

Bench Warrants

Bench warrants are typically issued when a person fails to appear for a court date, violates probation terms, or disregards court orders, and authorizes law enforcement to detain the person and bring them before the court to address the violation. Failing to comply with a bench warrant can lead to legal consequences, such as fines, imprisonment, or both.

Search Warrants

Search warrants allow law enforcement to legally enter a specific location (such as a home, vehicle, or business) to search for evidence and/or seize particular items related to a criminal investigation. These types of warrants also require probable cause that the items being sought are located at the specified location and are connected to criminal activity; the warrant must also specifically describe in detail the place to be searched and the item(s) to be seized.

Search warrants are usually closely scrutinized under state and federal law (particularly the Fourth Amendment) to ensure that searches are conducted to respect individual privacy rights while supporting effective law enforcement. Notably, once a search warrant is issued in Alabama, it must be executed and returned (to the issuing officer) within ten days. Law enforcement officers executing a search warrant must knock and announce before entering the premises unless exigent circumstances require a "no-knock" entry.

Capias Warrants

A capias warrant is a type of bench warrant typically issued for failure to comply with a court order in a civil case. It authorizes the apprehension of defaulting individuals and remains active until the person is either apprehended, appears in court of their own volition, or the warrant is recalled by the court that issued it.

How Long Are Warrants Valid in Alabama?

The validity of warrants in Alabama primarily depends on the type of warrant and the severity of the crime. Generally, Alabama warrants remain active until the law enforcement officers execute them or the judicial officers recall them. Most Felony-related warrants do not expire and remain active indefinitely until the warrant is executed or recalled/resolved by the issuing court. Meanwhile, misdemeanor warrants are valid for 180 days to one year from the date of issuance. However, appropriate law enforcement can renew misdemeanor warrants even after they expire.

According to Rule 3.10, search warrants are typically only valid for up to ten days after being issued. They must be returned to the court before the expiration of this timeframe, along with a report of the actions taken concerning the warrant.

How To Find Out If You Have a Warrant in Alabama

If you suspect or believe you have an outstanding warrant in Alabama, please take any of the following actions:

Consult with an attorney. First, it is advisable to consult an attorney when performing a warrant search in Alabama, especially if you are the suspect. Attorneys are often the safest and most effective way to provide legal guidance on resolving active warrants.
Contact local law enforcement. You can contact the local police department or sheriff's office in the county for information on any outstanding warrants that may have been issued. Note that some agencies might require you to make a formal request online or in person; however, you should be cautious, as confirming a warrant typically leads to immediate action.
Check court records. You may use the state's On-Demand Public Access to Trial Court Records platform or visit the Clerk of Circuit, District, Magistrate, or Municipal Court office in the county where you have had any legal proceedings to inquire whether a bench warrant or other judicial order has been issued against you.
Utilize online databases: third-party platforms, like RecordsFinder, typically provide online access to public warrant information, which may be used to search for any outstanding warrants in your name.

FAQ

Can Police Search Your Car Without a Warrant in Alabama?

While the Fourth Amendment protects individuals against unreasonable searches and seizures, law enforcement can legally search your vehicle without a warrant if they have probable cause that a crime is occurring or the vehicle contains evidence of a crime. Warrantless searches can also legally happen if you voluntarily consent to the search if an officer lawfully stops your vehicle as part of the arrest. However, you are not legally obliged to give consent. The law enforcement officer can arrest without a warrant if they observe illegal activity in plain view, such as drugs, weapons, or contraband in a vehicle. Additionally, an arrest can be made if the officer believes there is an immediate threat to their safety.

How Long Does It Take to Get a Search Warrant in Alabama?

There is no specific timeline for issuing search warrants in Alabama, and the time it will take to obtain one depends on several factors. These include the complexity of the case, the availability of an authorized judicial officer to review the warrant application, the quality of the affidavit (the completeness and clarity of the evidence provided), the completeness of the evidence, and the urgency of the situation.

In straightforward cases, law enforcement may secure a warrant within a few hours, especially if the evidence is clear and a judge is readily available. On the other hand, the process could take longer for more complex cases requiring extensive evidence review, potentially up to a few days.

However, when there is an immediate risk of evidence being destroyed or a danger to public safety, the process may be expedited, and the warrant may be issued within minutes. Note that this issuance must still be done by an authorized judicial officer, regardless of the nature of the emergency.

What Happens After a Search Warrant Is Executed?

The execution of a search warrant in Alabama typically involves law enforcement officers entering the specified premises and conducting a search for the items listed in the warrant. They must adhere to strict protocols regarding permitted areas and items they can seize, and a search warrant can be executed on a Sunday.

The officer executing the warrant must document any items collected/seized during the search, and a copy of this inventory is typically provided to the occupant of the premises or left in a conspicuous place if the occupant is not present.

If present, the occupant has the right to see the search warrant and ensure it is valid; they also have the right to legal recourse if they believe the search warrant was improperly obtained or executed. This may include filing a motion to suppress the evidence obtained. However, it is important to note that even though the occupant may observe the search, they cannot interfere with the process.

After the search is completed, the law enforcement officer who executed the warrant must return it to the issuing court. This involves filing the original warrant, a report detailing when and how it was executed, and a list of seized items.