Delaware Warrant Search

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

Running a warrant search in Delaware generally involves checking if an individual has an outstanding or active warrant issued by any of the courts in Delaware. To conduct a warrant search, interested parties can contact the police departments, local sheriff's offices, or online through judicial websites in Delaware. Whether it is for personal research or to ensure due diligence, a warrant search must be done through legal procedures to comply with legal and privacy standards.

What is Delaware Warrant Search?

A warrant search in Delaware involves checking legal records to determine whether a warrant has been issued against an individual by any court within the state. Warrants authorize law enforcement officers to search a property, arrest a person, or seize an item, depending on the type of warrant. The Delaware Freedom of Information Act identifies warrants as public records, so individuals have the right to access them through a warrant search if interested.

However, certain warrants are sealed from public access because of the nature of the case. Warrants that involve juvenile cases, sensitive cases such as witness protection, and sealed cases have restricted public access. This is typically done to protect the integrity of the investigation, the identities of minors, or key witnesses to a felony.

How To Conduct a Warrant Search in Delaware

There are several ways to undertake a warrant search in Delaware. They typically include:

Directly contacting the police department or the sheriff's office of the county where the warrant may have been issued.
Using the online database of the Delaware Court Records to find warrants that have been issued using the name and case number
Visiting the Superior Courts, Family Courts, or Justice of the Peace Courts to request court records, where one can see if there is an active or outstanding warrant against an individual.
Utilizing trusted third-party websites like RecordsFinder may aid in warrant searches, although these services may require payment.

County Sheriff's Offices and Local Police Departments

Warrant searches in Delaware are typically undertaken at the state level through the Delaware Criminal Justice Information System (DELJIS). This database houses warrant information from various jurisdictions across the state. While most counties in Delaware use the DELJIS to search for warrants, the Sussex County Sheriff's Office has an online portal through which one can access outstanding or active warrants within the county. A most reliable way to get up-to-date information about warrants is by physically walking into any of the police departments or sheriff's offices in any of the counties within the state.

Are Delaware Warrant Records Publicly Accessible?

Chapter 100, Title 29 of the Delaware Freedom of Information Act (FOIA) recognizes warrants as public records. The act states that records generated, received, filed, and maintained by government agencies are public records and must be made available to the public upon request. Warrants fall under this category and, as such, are made accessible to any interested member of the public. Therefore, one can visit the local courthouse where the warrant is issued to access it or use the online portal of the Delaware Criminal Justice Information System (DELJIS) to search for warrants within the state.

Note that for walk-in requests, you may be required to pay a small sum to obtain physical copies of the issued warrant. One must also know that though warrants are available to the public, there are some exemptions. Certain warrants, such as juvenile records, certain domestic violence records, sealed warrants, and sensitive cases that involve witness protection, are restricted to public access.

How Are Warrants Issued in Delaware?

The legal procedures for issuing a warrant are outlined in the Delaware Crimes and Criminal Procedure Law. This is to help ensure that individual rights are protected during the process of investigating and addressing crime. The legal procedures to be followed include determination of probable cause, court authorization, and proper documentation.

Probable Cause Determination

Establishing probable cause is an important requirement before warrants can be issued in Delaware. It is a belief, based on proof, that a crime has been committed and that evidence of the crime will be found on the person to be arrested or in the location where a search is to be conducted. Probable cause is established in Delaware by submitting a written affidavit under oath that contains details such as an account of the suspected crime, a specific description of the person to be arrested or the place to be searched, and evidence that a crime has been committed.

Legally acceptable evidence may include witness or victim statements, surveillance footage, voice recordings, and physical evidence.

Issuance by a Judge or Magistrate

Once probable cause has been established, the law enforcement officer submits the written affidavit to a judicial officer. The judicial officer has the responsibility to review all evidence impartially and independently to determine if probable cause indeed exists and all legal requirements have been followed. The judicial officer may ask more questions of the law enforcement officer before approval is given.

Under Delaware law, only judges of the Superior Court, judges of the Court of Common Pleas, judges of the Family Court, Justices of the Peace, and magistrates are authorized to issue warrants.

Entry into Law Enforcement Databases

After a warrant has been issued in Delaware, it is typically entered into the local, state, and federal databases to keep law enforcement officers aware of wanted individuals or individuals under investigation. The Delaware Criminal Justice Information System (DELJIS) is the central repository for the state that allows for efficient communication and data sharing among law enforcement within the state. At the Federal level, the National Crime Information Center (NCIC) stores warrant information for access by authorized law enforcement.

It is important to note that full details on a warrant may not be made available to the public due to privacy and safety reasons.

Common Types of Warrants in Delaware

There are several types of warrants in Delaware, with each warrant serving a distinct purpose. They include:

Arrest Warrants: These are issued to authorize law enforcement to arrest a person after probable cause has been established that the individual has committed a crime.
Bench Warrants: These warrants are issued by a judge when an individual fails to appear in court for a hearing or defaults on child support payments
Search Warrants: allow law enforcement to search a specific location (as dictated by the warrant)in order to extract evidence related to a crime.
Capias Pro Fine: These warrants are issued when an individual defaults on paying a court-ordered fine.
Capias Warrants: These are similar to bench warrants but are used when an individual does not comply with court orders or violates the terms of probation.

Arrest Warrants in Delaware

An arrest warrant is a court order that authorizes 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. Arrest warrants remain active till they are executed (the person is arrested) or recalled by the issuing court.

Bench Warrants

Bench warrants are issued directly by a judge "from the bench" (in the courtroom, as its name implies). These warrants are typically issued when someone does not show up for a court hearing or disregards court orders. They give authorization to law enforcement to detain the person and bring them before the court to address the violation. Similar to arrest warrants, a Delaware bench warrant remains active until the individual appears before the court or the warrant is recalled.

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 indeed 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 both state and federal law. The warrants must particularly consider the Fourth Amendment to ensure that searches are conducted in a manner that respects individual privacy rights while supporting effective law enforcement. According to Delaware statutes, search warrants do expire after 10 days of issuance, except otherwise specified by the court.

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 arrest and detention of defaulting individuals and remains active until the person is either apprehended, appears in court of their own will, or the warrant is recalled.

How Long Are Warrants Valid in Delaware?

The validity period of warrants in Delaware is determined by the type of warrant it is. Arrest and bench warrants typically have no expiration dates except they have been executed or quashed by the court. After an arrest or bench warrant has been issued, a person can still be apprehended years after the date of issue as long as it has not been recalled by the court and is still active.

However, search warrants are different. They have a validity period of 10 days from the date of issuance. The reason for giving limited time to search warrants is so that the information supporting probable cause remains current and relevant.

How To Find Out If You Have a Warrant in Delaware

You may find out if you have an outstanding warrant in Delaware by:

Contacting local law enforcement. One way to determine if you have an outstanding warrant in Delaware is by contacting the police departments or sheriff's offices in any of the counties or cities where the warrant may have been issued. You can call to check if you have an active warrant against you. Note that details concerning the warrant may not be given for legal and privacy reasons.
Checking court records. The Justice of the Peace Court in Delaware handles many warrant issuances, especially arrest warrants for misdemeanors and bench warrants. You may contact the clerk of the court to determine if you have an active warrant against you. Also, searching public court records will give clues as to whether there could be an active warrant against an individual or not.
Using a bail bondsman. Some bail bond agencies offer free warrant checks, especially for bench warrants. They may also help facilitate voluntary surrender.
Utilizing online databases: third-party platforms like RecordsFinder offer online access to public warrant information and may be used to search for outstanding warrants in your name. However, the completeness and accuracy of records may not be guaranteed and should be verified with official sources.
Consulting with a criminal defense attorney. An attorney can safely check for outstanding warrants on your behalf without exposing you to immediate arrest if there is one.

FAQ

Can Police Search Your Car Without a Warrant in Delaware?

While the Fourth Amendment protects individuals against unreasonable searches and seizures, law enforcement in Delaware can legally search your vehicle without a warrant under certain circumstances. If law enforcement has probable cause to believe that the vehicle contains evidence of a crime, if the search is conducted side by side with a lawful arrest, or if you give consent for your car to be searched, your car can be searched without a warrant.

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

There is no specific timeline for issuing search warrants in Delaware. The time required to obtain a search warrant may vary due to several factors such as the urgency of the case, the complexity of the case, and the availability of a judge or a magistrate. In scenarios where there might be an immediate threat to public safety or a risk of destroyed evidence, an expedited warrant may be granted, and this can be issued in a matter of minutes to a few hours.

What Happens After a Search Warrant Is Executed?

The execution of a search warrant in Delaware typically involves law enforcement officers entering the specified premises and conducting a search for the items listed in the warrant according to strict protocols. Items collected/seized during the search are to be properly documented, and a copy of the inventory is to be made available to the occupant of the searched location.

The law enforcement officer then returns the warrant, the inventory of the seized items, and a detailed report of when and how the search was executed to the issuing court.