What Is an Outstanding Warrant and How Can You Check if You Have One?
Table of Contents
- Washington, D.C. Warrant Search
- What is Washington, D.C. Warrant Search?
- How To Conduct a Warrant Search in Washington, D.C.
- Are Washington, D.C. Warrant Records Publicly Accessible?
- How Are Warrants Issued in Washington, D.C.?
- Common Types of Warrants in Washington, D.C.
- How Long Are Warrants Valid in Washington, D.C.?
- FAQ
Washington, D.C. Warrant Search
Finding out whether someone has any outstanding warrants against them requires a warrant search in Washington, D.C. It involves searching through databases that have information about warrants. You can typically find the person's name, birthdate, offense, charge, bond information, and court information in a warrant record.
What is Washington, D.C. Warrant Search?
A warrant search is used to find warrants that have been issued and/or executed by the courts. Warrant searches in Washington, D.C. can be conducted online or in person. Warrants issued in Washington, D.C., allow law enforcement to perform certain tasks, like searching a person or property, seizing certain items, or making an arrest. Judges in Washington, D.C., issue arrest warrants, search warrants, and bench warrants, which are the most often issued warrant categories. Warrants are essential to the district's law enforcement efforts and must be carried out in criminal investigations.
Per the District of Columbia Freedom of Information Act, or FOIA, DC Code §§ 2-531-539, all persons are entitled to complete information. This means that the public can make a FOIA request for any public record, including warrant records. However, there are statutory exemptions that authorize the withholding of certain public records, such as records that relate to ongoing law enforcement activities.
How To Conduct a Warrant Search in Washington, D.C.
When conducting a warrant search in D.C., you may start your search with the Active Warrant List provided by the District of Columbia Courts. This online list allows you to view people who have active warrants in Washington, D.C. A warrant search can also be performed by going to the clerk's office in the courtroom where a case is being tried or the Metropolitan Police Department of the District of Columbia.
County Sheriff's Offices and Local Police Departments
Washington, D.C does not have any counties; as such, there are no sheriff departments in the District. While there are many specialist law enforcement agencies in the state, such as the United States Mint Police and United States Capitol Police, your surest bet for getting warrant information in the state is the Metropolitan Police Department of the District of Columbia.
Are Washington, D.C. Warrant Records Publicly Accessible?
Every individual in DC has the right to access all public records under the District of Columbia Freedom of Information Act. This implies that the public can submit a FOIA request for any public record, including warrant records, and that all public bodies of the District government must disclose public records.
There are, however, legal exemptions that permit the withholding of some public records from the public. For example, records about ongoing law enforcement operations or any warrants that the court has sealed for any reason are exempt from public access.
How Are Warrants Issued in Washington, D.C.?
Law enforcement officials seeking a warrant must apply to the judge for a warrant to be issued in Washington, D.C. All of the facts and circumstances supporting the charged offense and establishing probable cause must be included in the application. The law enforcement official must apply after taking an oath in front of the court. If the court determines that there is probable cause that the individual named in the complaint has committed an offense, an arrest warrant will be issued.
Probable Cause Determination
Probable cause refers to legitimate reasons why law enforcement might suspect someone of committing a crime and want to launch a follow-up investigation. Before a court may issue a warrant, probable cause must be proven. Courts will consider the entirety of the circumstances when evaluating whether law enforcement had probable cause to make an arrest. This will determine if the facts supported a reasonable belief that the person who was arrested had committed the charge for which they were detained.
Written or oral witness accounts, physical evidence found during an investigation, or other trustworthy material could serve as the foundation for probable cause. The peace officer must provide an affidavit detailing the facts and circumstances that led them to believe there was probable cause to get the warrant.
Issuance by a Judge or Magistrate
The peace officer requesting the warrant must apply, along with any supporting documentation and probable cause, to a judge in an authorized court. Provided the application is adequate and satisfies all legal stipulations for issuing a warrant, the judge will sign the warrant authorizing the proposed activity.
Entry into Law Enforcement Databases
After a warrant is obtained in Idaho, it is routinely added to online databases to enable the public to access warrant information from their homes. The District of Columbia Court regularly updates warrant records on its Active Warrant Lists as part of its records. The list includes the first, middle, and last names of the individuals the district has warrants against, along with their case number.
Common Types of Warrants in Washington, D.C.
A variety of warrants are issued by judges in Washington, D.C, each with a specific function. The most common types issued in the state are as follows:
- Bench Warrant: If the defendant posts bail but does not appear for a hearing or trial, the presiding judge may issue a warrant to allow for the defendant's arrest.
- Arrest Warrant: This allows law enforcement to arrest and detain someone who is suspected of committing a crime.
- Search Warrant: This gives authorities the power to search a person, location, or object for signs of criminal activity and to take any seized items to court.
- Fugitive Warrant: This enables law enforcement to apprehend an individual who has fled to another state to evade punishment.
Arrest Warrants in Washington, D.C.
DC Courts issue arrest warrants, which give police the right to detain someone for a crime they have reasonable suspicion of committing. For an arrest warrant to be granted, it must have probable cause. This means that a law enforcement officer must have more than a suspicion or hunch without any facts to support said suspicion or hunch. The arrest warrant must include the name of the subject of the arrest, a description of the offense, the date the warrant is issued, and the judge's signature. Following the arrest warrant, the listed individual must be taken into custody by law enforcement and presented before the court.
Bench Warrants
A bench warrant is a court-issued legal document that permits an arrest. It is known as a "bench" warrant because the judge issues it while seated "on the bench" in the courtroom. When a bench warrant is issued, it usually has a bail sum attached to it. This type of warrant is typically issued when someone receives a notice or order to appear in court but does not show up on a given day. The individual may be arrested as soon as the warrant is issued. In child support proceedings, the parent who will be or has been ordered to pay support, often referred to as the "respondent" on the warrant, is typically the one against whom the judge issues the warrant.
Search Warrants
A search warrant is a court-signed legal order that gives police permission to look for, confiscate, and transport property to court. In Washington, DC, a court must determine probable cause, backed up by an affidavit, before issuing a search warrant. Officers must accurately, concisely, and present the facts required to support the issue of a warrant in their affidavit. In the written or oral application, the person, location, or property to be searched must be named or described precisely. Any warrant issued in Washington, DC, must be executed and returned to the issuing judge within ten days.
Capias Warrants
A capias warrant is a writ of arrest. A judge may issue a capias warrant if someone is found guilty, fails to pay a fine, or disobeys court orders. With this warrant, law enforcement can hold someone until they can appear in court. Only by paying the fine or serving the necessary time can this warrant be revoked. Capias warrants can be either civil or pro-fine. Civil processes employ a civil capias, whereas criminal prosecutions use a capias pro fine.
How Long Are Warrants Valid in Washington, D.C.?
DC arrest and bench warrants typically remain valid until they are executed or the judge quashes them. A warrant is executed once the defendant has been picked up by law enforcement and sent to court. A judge may give an order revoking a bench warrant. Search warrants do, however, expire. A search warrant cannot be carried out more than ten days after the date of issuance. After its execution or expiration, it must be returned to the judge.
FAQ
Can Police Search Your Car Without a Warrant in Washington, D.C.?
While police generally need a warrant to search your car in Washington, D.C., there are certain situations where they may search your vehicle without a warrant:
- Consent: A police officer may search your vehicle if you agree to a request to do so. You must verbally and politely decline the request, as even a shrug could be taken as consent. When you consent to a search order, you give up your Fourth Amendment rights. During these searches, even the slightest object they discover could be used against you.
- Probable Cause: If the police have probable cause to think that a crime is happening, they may examine your vehicle without a warrant. This could be the consequence of you going over the speed limit or their K9 warning them that you have illegal items in your car.
- Plain View: If a police officer suspects you of committing a crime based on what they see, hear, or smell, they may search your car without a warrant.
- Search Incident to Arrest: If you have been arrested during a traffic stop, the police may search your car to make sure there are no weapons or other items that could endanger them.
- Inventory Searches After a Tow: After your car has been towed, the police may conduct an inventory search to document your belongings. Any incriminating information they find may be used against you.
How Long Does It Take to Get a Search Warrant in Washington, D.C.?
A DC search warrant may be granted the same day an application is submitted, or it might take several days, depending on how fast the requirement for issuance is met. There is no set time limit for the application process. Probable cause is the primary prerequisite for issuing any search warrant in the District, and meeting it may mean the difference between a quick and drawn-out application process. The length of time may also be extended by the complexity of a case and the magistrate's availability. The length of time will essentially rely on how long it takes for law enforcement to complete their investigation and establish probable cause.
What Happens After a Search Warrant Is Executed?
The execution of search warrants in DC is governed by DC Code § 23-524 (Execution of search warrants). An officer executing a warrant must identify themselves before they enter the search area. If the subject of the warrant or anyone in the search area refuses to let law enforcement search, they may be arrested.
An inventory detailing the time the search warrant was executed and the property seized under it must be written by the officer or person carrying out the search warrant. A copy of the warrant and the return must be provided to the individual who was the subject of the search, if they are present; if not, the copy must be given to an occupant, custodian, or other person present; if no one is present, the officer must post a copy of the warrant and the return on the searched property.
When carrying out a search warrant, an officer or agent may take measurements and pictures. The officer carrying out a warrant may search any person within the search area if it is reasonably necessary to prevent the use of a weapon that may be concealed on the person or to find property listed in the warrant that may be concealed on the person.
Any property found during the legitimate execution of a search warrant may be seized by the officer or agent carrying out the warrant if he has reasonable suspicion that the property is related to the search. On the day following its execution, a copy of the warrant and a copy of the return must be sent to the court whose judge or magistrate approved its issuance.
