Florida Warrant Search

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

A warrant search in Florida is a formal process of obtaining information regarding outstanding warrants issued against an individual. Such searches may be conducted for various purposes, including personal inquiries. The results of these searches typically provide pertinent details, such as the type of warrant, the date of issuance, and the law enforcement agency responsible for issuing the warrant.

What is Florida Warrant Search?

A warrant search in Florida is a process that involves looking up warrants that have been issued and/or executed in the state. Warrants are court orders that authorize law enforcement agencies to search a premises, arrest a person, or seize an item. Warrants are typically public records in Florida. This means anyone can search for warrant information to see if any outstanding warrants have been issued against an individual.

Access to specific types of warrant information may be restricted for various reasons. For instance, warrants related to parties involved in sealed court cases or juveniles are typically not accessible to the general public. Furthermore, information regarding ongoing investigations or prosecutions is generally limited to safeguard the integrity of the investigative process.

How To Conduct a Warrant Search in Florida

There are several methods for performing warrant searches in Florida, and they include:

You can access comprehensive statewide warrant information through official online databases, including the Florida Crime Information Center Public Access System.
Directly contact the law enforcement agency or trial court in the county where you think the warrant was issued. Note that most agencies and courts in Florida do not provide warrant information over the phone.
Utilizing reputable third-party websites like RecordsFinder may aid in warrant searches.

County Sheriff's Offices and Local Police Departments

In Florida, you can find warrant information by contacting the local police department or sheriff's office in the county where the warrant was issued. You can either visit the office in person or check their official website. Most local police departments and sheriff's offices have a searchable database that the public can use to view active warrants. Some agencies also allow users access to the Florida Crime Information Center Public Access System. This statewide database includes information about outstanding and active warrants from across the state on its website.

Are Florida Warrant Records Publicly Accessible?

In Florida, warrants are considered public information under the state's sunshine laws. These laws, specified in Chapter 119 of Florida Statutes, require that records generated, received, or maintained by government agencies, including warrant records, be accessible to the public upon request. Consequently, individuals seeking this information may utilize resources such as the Florida Crime Information Center Public Access System or visit the local courthouse where the warrant was issued to obtain these records.

You may be required to provide specific details such as the name of the individual associated with the warrant, their gender, and the type of offense for which the warrant was issued. While accessing warrant information through the statewide Crime Information Center Public Access System is free of charge, fees may be incurred when obtaining copies of the warrant from the trial court.

Accessing warrant information can be restricted to protect privacy. In Florida, some records in a warrant are confidential and not open to the public. For example, under Rule 2.420 about Public Access to Judicial Branch Records, copies of search warrants related to ongoing investigations and their supporting affidavits are kept secret until the warrants are executed or law enforcement decides that execution is impossible. Additionally, warrants for juvenile delinquency cases are confidential under state law and generally not disclosed.

How Are Warrants Issued in Florida?

Chapter 901 of Florida Criminal Procedure and Corrections outlines the legal framework for the issuance and execution of warrants in Florida. The process aims to protect individual rights while allowing law enforcement to investigate crime. Before issuing a warrant, law enforcement must follow key steps. These include determination of probable cause, judicial authorization, and proper documentation.

Probable Cause Determination

In Florida, law enforcement officers must show probable cause before a judge can issue a warrant. They do this by providing a detailed affidavit that includes the facts of the alleged crime, identifies the suspect, and presents supporting evidence. This evidence can be witness statements, physical evidence collected during the investigation, or other reliable information. A Florida judge will review the complaint and the evidence from the officer to decide if probable cause exists.

Issuance by a Judge or Magistrate

Once a judge finds probable cause in a case, the next step is issuing a warrant approval. In Florida, a judge or magistrate at the courthouse usually grants this approval. The judge can electronically sign the warrant if the complaint and evidence support probable cause. The judge must provide an oath or affirmation, or someone else who can legally administer oaths. The warrant is issued when the judge signs it, whether with a pen or electronically. In Florida, both County and Circuit Judges can issue warrants.

Entry into Law Enforcement Databases

Once a warrant is issued in Florida, it is usually entered into various law enforcement databases. These typically include the Florida Crime Information Center Public Access System, which is a statewide database containing information about outstanding and active warrants issued across the state.

The information pertaining to a warrant may be entered into national databases maintained by the National Crime Information Center (NCIC), depending on the nature of the warrant and the associated offense. These databases are accessible to law enforcement agencies nationwide. While comprehensive details within these databases are primarily intended for law enforcement use, certain limited information may be made available to the public through online portals provided by law enforcement agencies and the court system.

Common Types of Warrants in Florida

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

Arrest Warrants: These authorize law enforcement to detain an individual suspected of committing a crime. They are sometimes called "straight warrants".
Bench Warrants: These are issued when an individual fails to comply with court orders, such as failing to appear in court as required, missing a probation hearing, or not paying court-ordered child support. Bench warrants are sometimes called "default warrants".
Search Warrants: These warrants authorize law enforcement to search a specific location, such as a residence or vehicle, to gather evidence related to a crime.
Governor's Warrant: These are issued to facilitate the extradition of a fugitive from another state.
Capias Warrants: These are issued when an individual fails to comply with a court order in a civil case.

Arrest Warrants in Florida

An arrest warrant is a judicial order that authorizes law enforcement to take an individual suspected of committing a crime into custody. These warrants are issued when there is probable cause to believe that the individual has engaged in criminal activity. They are typically executed as part of a comprehensive investigation and subsequent legal proceedings. The issuance of arrest warrants ensures that individuals suspected of crimes are apprehended lawfully, safeguarding their rights and maintaining public safety.

Bench Warrants

Bench warrants are issued directly by a judge during court proceedings when an individual fails to comply with a court order, particularly in instances of failure to appear for a scheduled court date. These warrants allow law enforcement agencies to detain the individual and ensure that they appear before the court. In Florida, a bench warrant remains active until the individual has appeared in court or the warrant has been formally recalled.

Search Warrants

In Florida, search warrants allow police to enter specific places like homes, cars, or businesses to look for evidence or seize items related to a crime. To obtain a search warrant, police must show probable cause to believe that the items they are looking for are linked to a crime at that location. These search warrants are performed carefully under state and federal law, especially the Fourth Amendment, to ensure that searches respect individual privacy rights while supporting effective law enforcement.

Before searching, police must identify themselves and show a copy of the warrant to the owner of the property they want to search. They must also clearly list the items they are permitted to seize. This helps ensure that the search focuses only on the items mentioned in the warrant and prevents unnecessary searching.

A search warrant in Florida must be executed by police and returned to the court within 10 days from the date it was issued; otherwise, it is no longer valid. Usually, searches happen during daylight hours unless the warrant allows for searching at night. Typically, police will knock and announce themselves when executing a warrant. However, they can break down doors or windows to enter if access is denied.

Capias Warrants

A capias warrant is a type of bench warrant issued when someone doesn't follow a court order in a civil case. This warrant allows police to arrest the person who has not complied. It stays active until the person is arrested, shows up in court on their own, or the warrant is canceled.

How Long Are Warrants Valid in Florida?

Their specific type determines the validity of warrants in Florida. Arrest and bench warrants typically remain active indefinitely until they are executed or formally recalled by the issuing court. In contrast, search warrants are valid for ten days from the date of issuance and must be returned to the court within this timeframe; failure to do so renders the warrant invalid.

How To Find Out If You Have a Warrant in Florida

You can find out if you have an outstanding warrant in Florida by taking several steps:

Contact local law enforcement. You can determine whether there is an outstanding warrant against you by calling the non-emergency number of the local police department or the sheriff's office in the county where you believe the warrant might have been issued. Note that some agencies do not provide warrant information over the phone. You may need to visit the law enforcement agency in that county or city to formally request this information. Exercise caution, as confirming a warrant may lead to immediate action.
Check court records. You may visit the clerk's office of the Circuit or County Court 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 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.
Consult with an attorney. It is generally advisable to consult an attorney when performing a warrant search in Florida. An attorney can help you determine if you have any outstanding warrants and guide you in resolving them. This is especially important if you do not understand the warrant or if other legal issues are involved. An attorney can help you determine if you have any outstanding warrants and guide you in resolving them.

FAQ

Can Police Search Your Car Without a Warrant in Florida?

While the Fourth Amendment protects individuals against unreasonable searches and seizures, law enforcement officials are authorized to conduct warrantless vehicle searches if they have probable cause to believe the vehicle contains evidence of criminal activity. This situation may arise if an officer identifies contraband, such as drugs or weapons, in plain view. Additionally, if a law enforcement officer perceives a potential threat, such as concealed weapons, they may perform a search to ensure their safety. Warrantless searches may also occur if an individual voluntarily consents to the search during a lawful traffic stop or if that individual is arrested while operating the vehicle.

How Long Does It Take To Get a Search Warrant in Florida?

The timeline for issuing search warrants is not predetermined in Florida, as it can vary significantly based on multiple factors. The duration required to obtain a warrant typically depends on the case's complexity, the availability of a judicial officer to review the warrant application, the quality of the affidavit, and the urgency of the circumstances.

What Happens After a Search Warrant Is Executed?

The execution of a search warrant in Florida typically involves law enforcement officers entering the specified premises and conducting a search for the items listed on the warrant. They must follow strict rules about which areas to search and what to take. Officers must document any items they seize. Law enforcement officers usually provide a copy of this list to the occupant of the property or leave it in a noticeable spot if the occupant is not there.

If the occupant is present, they can ask to see the search warrant to check if it is valid. An occupant can take legal action if they think the warrant was not obtained or carried out correctly, such as asking to exclude the evidence found. However, occupants cannot interfere with the search because doing so may lead to obstruction charges.

After completing the search, the officer who executes the warrant must return it to the court that issued it. This includes filing the original warrant, a report detailing when and how the search was done, and a list of the seized items.