What Is an Outstanding Warrant and How Can You Check if You Have One?
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Maine Warrant Search
In Maine, a warrant search involves finding out if a person is the subject of any pending warrants. A warrant is a legal document that contains a person's name, birth date, offense, charge, bond, and court information and gives law enforcement the legal authority to carry out a particular action, such as arresting someone or searching a property. A warrant search might be necessary to investigate someone or perform due diligence in general.
What is Maine Warrant Search?
A warrant search is the process of finding out if a person in Maine has any outstanding warrants that have been issued and/or executed within the state. A warrant search in Maine can be conducted in person or online. Judges or magistrates are responsible for issuing warrants, which are legal documents that authorize law enforcement to perform specific activities, like performing a search, seizing property, or making an arrest. Warrants are essential because they are vital in the administration of justice.
Under Maine's Freedom of Access Act, warrants are considered public records in the state and accessible to the general public. However, most search warrants are not publicly available until after the search, and arrest warrants are also not public until they have been executed. This restriction is not put in place to warn the person being searched or arrested in advance or to compromise an ongoing criminal investigation.
How To Conduct a Warrant Search in Maine
Generally, law enforcement agencies and courts in Maine maintain central databases where residents can look for warrant information. Anyone wishing to perform a warrant search in Maine has several options:
- Contact any Maine police department in person or by telephone.
- Check the internal databases maintained by the local police to find arrest warrants issued within their jurisdiction.
- Use the Maine State Police central system.
- Check the Maine State Police Wanted List.
- Use the Maine courts' management system.
County Sheriff's Offices and Local Police Departments
In Maine, you can look up a warrant by getting in touch with the local police department or sheriff's office in the county where the warrant was issued. Most agencies do not post wanted persons with outstanding warrants issued in their respective jurisdictions on their official websites. However, it is important to first confirm by going on the agency's website and checking for a wanted list before visiting their physical office.
Are Maine Warrant Records Publicly Accessible?
The Freedom of Access Act grants the people of Maine a wide range of access to warrant records in the state while preserving both individual citizens' right to privacy and legitimate governmental objectives. You can get warrant records in Maine by contacting the courts or law enforcement agencies in the jurisdiction where the warrant was issued.
A typical Maine warrant will contain the following: name, age, and physical description of the subject, the charges, date of issuance, name of issuing court, arresting officer, and an affidavit showing probable cause for arrest.
However, most search warrants are not available to the public until after the search has taken place. This is due to the possibility that unexecuted warrants in an ongoing criminal investigation could put the investigation at risk or alert the subject of the search. Also, warrants issued for juveniles in Maine are not accessible to the public.
How Are Warrants Issued in Maine?
Warrants in Maine are issued by judges and executed by law enforcement agents who must first provide probable cause or evidence that the subject of the warrant has committed a crime. Judges review warrant petitions to ensure they meet legal requirements and adhere to due process standards.
For example, Article I, Section 5 of the Maine Constitution safeguards residents against searches without a warrant, and §703, Chapter 101 of the Maine legislature outlines the consequences of arresting someone without a warrant.
Probable Cause Determination
This refers to a justifiable reason to believe that someone has committed a crime. Before obtaining a warrant, law enforcement officials must first establish probable cause. Probable cause may be based on witness statements, physical evidence discovered during an investigation, or other reliable information. An affidavit outlining the facts and circumstances that have led the peace officer to conclude there is probable cause must be provided to the judge when obtaining the warrant.
Issuance by a Judge or Magistrate
Once probable cause has been established, the next step is to get the warrant approved and issued. The affidavit and any accompanying documentation must be presented by the law enforcement official before an authorized judge. The judge will sign the warrant allowing the intended action if they are satisfied with the application.
Entry into Law Enforcement Databases
In Maine, a warrant is usually entered into the databases of the court and law enforcement. Such warrants might, for instance, be put into the court's Warrant Docket Management System and the central system used by the Maine State Police for warrant management, enforcement, and execution. It may also be included in the Maine Telecommunications and Routing Operations System and the National Crime Information Center. Some police departments in Maine may also add warrants issued within their jurisdiction to their internal databases.
Common Types of Warrants in Maine
Several types of warrants are issued in Maine, each with a distinct purpose. The following are the common types of warrants in the state:
- Arrest Warrant: This is a formal court order directing a peace officer to arrest someone suspected of committing a crime.
- Bench Warrant: When a defendant does not show up for a scheduled court date, the judge issues this kind of warrant.
- Capias Warrant: This enables law enforcement to detain an individual until they can appear in court.
- Fugitive Warrant: This enables law enforcement to apprehend an individual who has fled to another jurisdiction to evade punishment.
- Search Warrant: This is a written directive approved by a judge that instructs a peace officer to search a location, an object, or a person to gather evidence or contraband.
Arrest Warrants in Maine
A judge or magistrate can issue an arrest warrant to enable law enforcement to arrest someone who is suspected of committing a crime. In civil cases, it is known as a civil order of arrest. Most of the time, law enforcement must provide the judge or magistrate with evidence that demonstrates a reasonable suspicion that the individual in question committed a crime. It is a commonly issued warrant in Maine.
Bench Warrants
When a suspect commits an offence, the judge typically issues a bench warrant from the bench (hence the name). These offences are typically related to probation or parole infractions such as missing court dates, committing new crimes, or testing positive for drugs. Bench warrants allow law enforcement to detain the person and take them to court to address the infraction. In Maine, there are several kinds of bench warrants, including:
- FTA warrant: A failure to appear warrant is issued when someone disobeys a criminal summons or court order compelling them to appear in court.
- FTP warrant: When someone refuses to pay a fine, a specific type of bench warrant known as an "FTP warrant" is issued.
- Bench warrant for probation violation: The judge may issue a bench warrant for probation violation when a defendant has broken the conditions of their probation as set forth by the court.
Search Warrants
A search warrant is a legal document that allows law enforcement to carry out a search and seizure in a certain area to gather evidence of a particular crime. According to Chapter 3 §55 of the Maine Revised Statutes, it is issued by a justice of the Superior Court, a judge of the District Court, or a justice of the peace. A search warrant gives law enforcement the right to look for proof of a particular offense in a specific location. A warrant is issued if the judge receives enough information that proves there is probable cause to believe that such evidence exists reasonably.
Most search warrants in Maine are either nighttime search warrants, which are carried out between 7 am and 9 pm, or unannounced search warrants, which can be carried out at any time. A search warrant may be executed and returned within 14 days from the date of issuance. The warrant must be returned to the Unified Criminal Docket indicated on it once the two-week period has elapsed.
Capias Warrants
Judges can issue a capias warrant, which enables law enforcement to detain an individual until they can appear in court. This type of warrant is issued when someone is found guilty through a court appearance, plea, or imprisonment; does not pay a fine, or fulfill certain obligations within the allotted period. The only ways to satisfy this warrant are to pay the whole amount owed or to serve the necessary amount of time. Capias warrants can be classified as either civil or pro fine. While a capias pro fine is linked to criminal cases, a civil capias is used in civil trials.
How Long Are Warrants Valid in Maine?
The validity period for a warrant in Maine depends on the type. Arrest warrants are typically valid until they are executed, recalled, or dismissed by the issuing court. Recalls may be done if new evidence casts suspicion away from the subject of the warrant. Also, the statute of limitations on prosecuting crimes in Maine is not a factor in a warrant's validity. Search warrants, on the other hand, only last 14 days in the state, after which they may either be renewed or voided.
How To Find Out If You Have a Warrant in Maine
In Maine, you can inquire at any law enforcement office or the issuing courts to find out if you are the subject of a warrant. If you believe that there is a warrant out for your arrest, it is generally advisable not to visit a law enforcement agency in person, as this could result in immediate detention. Instead, you may consult an attorney to check with any county sheriff's office or police department in the state.
However, if you self-surrender, there is a likelihood that you will be released on your own recognizance, that is, without needing someone else to post bail. You can also look for active warrants on you by inputting your name into the Automated Wants and Warrants System.
FAQ
Can Police Search Your Car Without a Warrant in Maine?
Yes, police in Maine can search your car without a warrant, but only if certain factors are present. These include:
- Probable Cause: In a situation where there is probable cause for the officer(s) to believe there is a crime being committed, the police can search your vehicle. They may search the driver's area, back seat, trunk, and any containers that might be concealing illicit products or evidence of illegal activities.
- Consent: A police officer may search your vehicle if you permit them. As such, you should politely let the officers know that you do not consent to a search of your vehicle without a warrant. Your refusal cannot be considered probable cause.
- Plain View: If a police officer can see, smell, or hear something that leads them to believe you have committed a crime, they can search your car without a warrant.
- Search Incident to Arrest: If you are arrested while in your vehicle, police may search it to make sure there are no weapons or people who could put the officer at risk.
How Long Does It Take to Get a Search Warrant in Maine?
Getting a search warrant issued in Maine might take anywhere from a few hours to a week. It depends on the amount and quality of evidence proving its necessity; if there is enough evidence to show probable cause, the warrant can be issued immediately. If officers have facts suggesting that knocking and announcing presence would be dangerous, futile, or likely to destroy evidence, they must include such in the search warrant application. The length of time it takes may also be impacted by the availability of judges.
What Happens After a Search Warrant Is Executed?
When executing a search warrant, all necessary and reasonable force is allowed to effect entry into any building, property, or object. Unless an unexpected situation arises during execution or certain factors make a no-knock entry necessary, officers must announce their presence and intentions before entering the premises to be searched. Law enforcement may detain and search any person on the premises at the time of the search.
If the item listed on the search warrant has not yet been found, items that are found to be contraband or instruments of any crime may be confiscated. But the search must end once the objects listed in the warrant are found.
Law enforcement is required to promptly return any evidence or contraband seized, together with a written inventory that has been confirmed. The return must be done in front of the judge who issued the warrant or the closest judge if the judge is not present.
The person whose property was taken, as well as the person who applied for the warrant, must be given a copy of the inventory and the order of custody or disposition upon request. The judge will issue an order addressing the custody or proper disposal of the confiscated evidence or contraband while additional processes are being conducted.
