Indiana Warrant Search

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

A warrant search in Indiana typically involves submitting a request (online or in person) for access to information related to a warrant issued against an individual in the state. These warrant searches may be done for various reasons, including personal research and due diligence, and they typically reveal details like the type of warrant, when it was issued, and the issuing authority.

What is an Indiana Warrant Search?

A warrant is a court order signed by a judge authorizing law enforcement officers to arrest an individual, search a premises, or seize an item. An Indiana warrant search is simply the process of retrieving information related to warrants issued and/or executed in the state.

In Indiana, certain types of warrants, including arrest, bench, and fugitive, are generally regarded as public records. This status remains unless a trial court has formally designated the warrant as confidential. It is important to note that access to these warrants may be limited or restricted in situations involving juveniles or ongoing investigations. In contrast, per Rule 5 of the Indiana Court Rules, search warrants are exempt from public disclosure.

How To Conduct a Warrant Search in Indiana

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

You can search for active warrants through official online databases such as the Indiana Court Case Search Portal and the Indiana State Police Website. All police districts maintain a warrant file, and all warrants are validated every 30 days.
Directly contact the law enforcement agency and/or trial courts in the county where you believe the warrant was issued.
Utilizing reputable third-party websites like RecordsFinder may aid in warrant searches.

County Sheriff's Offices and Local Police Departments

One way of conducting an Indiana warrant search is by contacting the local police department or sheriff's office in the county where the warrant was issued. County Sheriff's and Local Police Departments maintain an active file on all suspects with outstanding warrants. Interested persons may visit the specific law enforcement authority to view warrant information. Those who do not wish to visit their local law enforcement office may search outstanding warrants against an individual via the office's official website. For example, the Vanderburgh County Sheriff's Office and Potter County Sheriff's Office maintain searchable databases that allow users to view warrant records in their respective counties.

Are Indiana Warrant Records Publicly Accessible?

The accessibility of warrants in Indiana depends on the type of warrant. Per Rule 5 of the Indiana Court Rules, search warrants are not open records. This means that these warrants are inaccessible to the general public. In contrast, arrest, bench, and fugitive warrants are public records; anyone can request them. However, arrest and bench warrants may be restricted from public view depending on the agency that served the warrant or if a trial court has deemed such records confidential. They may also be inaccessible if they contain information about an ongoing investigation or juvenile delinquency case.

To access warrant information that is not confidential or sealed, 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.

How Are Warrants Issued in Indiana

Title 35, Article 33 of Indiana's Criminal Law and Procedure establishes the procedure for the issuance and execution of warrants. This framework is designed to ensure that warrants are obtained lawfully and executed in a way that upholds individual rights. Before issuing a warrant, law enforcement must follow essential steps, which include determining probable cause, acquiring judicial authorization, and maintaining accurate documentation.

Probable Cause Determination

Before a warrant is issued, a law enforcement officer must submit a formal complaint against an individual and establish probable cause indicating that a crime has occurred. This process involves providing a comprehensive affidavit to a judge, which details the circumstances surrounding the alleged offense and includes supporting evidence. Such evidence may comprise witness statements, physical evidence gathered during the investigation, or other credible information. Furthermore, law enforcement officers must affirm under oath that the search will be executed lawfully when pursuing a search warrant.

Issuance by a Judge or Magistrate

An Indiana judge will carefully assess the complaint and the evidence provided by the officer to determine whether probable cause exists. Following the establishment of probable cause, the next step involves the issuance of a warrant approval. In Indiana, this approval is typically granted by a judge or magistrate in the courthouse. Once approved, the warrant is issued to the sheriff of the county in which the indictment or information is filed. The warrant may be executed by any law enforcement officer at any time, day or night, and on any day of the week.

Entry into Law Enforcement Databases

When a warrant is issued in Indiana, law enforcement usually enters it into various databases. One of these is the Indiana Court Case Search Portal, which provides information about active and outstanding warrants across the state. Depending on the type of warrant and the offense, the information may also go into national databases maintained by the National Crime Information Center (NCIC). Law enforcement agencies across the country can access these databases. While the detailed information is mainly for law enforcement use, some basic information may be available to the public through online portals from law enforcement and the court system.

Common Types of Warrants in Indiana

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

Arrest warrant: This authorizes law enforcement agents to detain individuals suspected of committing a crime. They are issued by a judge or magistrate once a probable cause of the alleged offense has been established.
Bench warrant: This authorizes law enforcement officers to apprehend and bring an individual to court for failing to comply with a court order, such as failing to make an appearance on a scheduled court date, failing to pay fines, or failing to adhere to a subpoena. Bench warrants are typically issued by a judge during a legal proceeding.
Search warrant: This authorizes law enforcement officers to search a specific location, such as a residence or vehicle, to gather evidence related to a crime.
Fugitive warrant: This authorizes law enforcement officers to arrest individuals deliberately avoiding criminal charges by fleeing the jurisdiction where the warrant was issued.

Arrest Warrant in Indiana

An arrest warrant is a formal judicial order that authorizes law enforcement officers to apprehend and detain an individual suspected of criminal activity. Typically, these warrants are issued following an indictment, when a judge establishes probable cause to believe that the individual has committed a crime. In Indiana, executing arrest warrants is an essential part of an ongoing investigation. Once issued, any law enforcement officer can execute an arrest warrant anytime and on any day of the week.

Bench Warrants

Bench warrants are issued by a judge during court proceedings when an individual fails to comply with a court order. This may occur when a person does not appear for a scheduled court date or neglects to pay court-imposed fines. Such warrants allow law enforcement agencies to detain the individual, ensuring that they can be brought before the court as required. In the state of Indiana, a bench warrant remains active until the individual either appears in court or the warrant is formally recalled.

Search Warrant

Indiana search warrants are judicial orders that authorize law enforcement officers to enter specific places like homes, cars, or businesses to search for evidence or seize items related to a crime. Chapter Title 35, Article 33, of the Criminal Law and Procedure outlines the legal framework for the issuance and execution of search warrants in Indiana. These warrants are issued when there is probable cause to believe that evidence that may help an ongoing investigation can be found at a specific location. Once issued, the search must be performed carefully under state and federal law, especially the Fourth Amendment, to ensure that searches respect individual privacy rights while supporting effective law enforcement. An Indiana search warrant must be executed and returned by police within 10 days from the date it was issued.

How Long Are Warrants Valid in Indiana

The type of warrant issued in Indiana determines how long it will last. For example, a warrant issued for a misdemeanor offense will automatically expire 180 days after it is granted. This time frame allows authorities to take action within a reasonable period but ensures that minor crimes do not linger indefinitely. On the other hand, search warrants are valid for a much shorter duration, specifically 10 days from the date they are issued. This limited time frame ensures that searches are conducted promptly and relevant evidence is collected while still available. In contrast, a warrant of arrest for a felony typically remains valid indefinitely.

How To Find Out If You Have a Warrant in Indiana?

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

Contact local law enforcement. You can determine whether there is an outstanding warrant against you by contacting the local police department or the sheriff's office in the jurisdiction where you believe the warrant may have been issued. It is usually best to seek the counsel of an attorney before reaching out to the sheriff's office, as confirming the existence of a warrant may result in immediate action.
Check court records. You may visit the clerk's office at the court in the county where you have been involved in legal proceedings. You may inquire whether a bench warrant or any other judicial order has been issued against you there.
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. Speaking to an attorney when performing a warrant search in Indiana is generally in your best interest. 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.

FAQs

Can Police Search Your Car Without a Warrant in Indiana?

Yes, police can search your car without a warrant in Indiana if they have probable cause to believe your vehicle may contain evidence of a crime. This often happens when they have justifiable reasons to believe that evidence of a crime is in plain view. Additionally, the police can search your car without a warrant in Indiana if they reasonably believe they are in danger and must protect themselves. This may include a search for hidden weapons. Finally, the police may search your vehicle without a warrant if you consent.

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

The timeline for issuing search warrants is not predetermined in Indiana, 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 Indiana typically involves law enforcement officers entering the specified premises and conducting a search for the items listed on the warrant. After a search warrant is executed, the law enforcement officer who conducted the search must return the signed warrant alongside an itemized receipt of the property taken to the judge who issued the warrant.