Mississippi Warrant Search

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

A warrant search in Mississippi involves searching state and federal databases that hold warrant records to find out if an individual has any pending warrants against them. The information in a warrant record may include the person's name, birthdate, offense, charge, bond information, and court information. You may conduct a warrant search as part of a background check.

What is a Mississippi Warrant Search?

Warrant searches are carried out to find warrants that the courts have issued and/or executed. Warrant searches in Mississippi may be conducted online or in person. Mississippi warrants are court-issued orders that allow law enforcement to perform specific actions, like perform a search, seize property, or make an arrest. Among the various warrants that are typically issued in the state, arrest, search, and bench warrants are the most common. Warrants are necessary in Mississippi for both law enforcement and criminal investigations.

The Mississippi Public Records Act permits the public to view warrant records in Mississippi. The Act states that every public entity has an obligation to provide the public access to their records, unless classified as confidential records. In Mississippi, however, the records made public do not include private information regarding the subjects of warrants or warrants sealed by the court.

How To Conduct a Warrant Search in Mississippi

In Mississippi, it is usually best to start a warrant search in the county or area where the warrant was issued or, if you are not sure about the origin of issuance, where the subject of the warrant resides. To find outstanding arrest warrants, you can begin by getting in touch with or going to your local police departments or sheriff's offices and requesting to see their list of outstanding warrants. You may need to provide details specific to the person you are searching for.

In Mississippi, you can also check the Department of Public Safety Criminal Information Center (CIC) for warrant information. You can also look up a warrant record by getting in touch with the clerk's office of the courthouse where it was issued. Since Mississippi judges issue warrants, you can ask court office clerks for information about warrants issued by the court.

County Sheriff's Offices and Local Police Departments

While some police departments have a most-wanted list on their official websites, some also post a list of active warrants. These include:

Are Mississippi Warrant Records Publicly Accessible?

In Mississippi, warrants are open to the public unless they fall into the category of the Mississippi Public Records Act specifies are confidential. Warrant records can be obtained from the clerk of court offices, law enforcement agencies, and local sheriff's offices in the jurisdiction in which they were issued. In Mississippi, the publicly available warrant records do not include private information regarding the subjects of warrants or warrants sealed by the court for one reason or the other.

How Are Warrants Issued in Mississippi?

To start the application process, a warrant application must be prepared and submitted to the judge by the peace officer making the request. The name or description of the subject of the warrant and the justification for the order must be included in the application. After considering the application, the court determines whether probable cause exists. The judge will issue the warrant if all legal conditions are satisfied.

Probable Cause Determination

Law enforcement must first prove probable cause before a court will issue a warrant. Oral or written witness accounts, physical evidence found during an investigation, or other trustworthy information might serve as the foundation for this. An affidavit detailing the facts and circumstances that have led the peace officer to believe there is probable cause must be provided to obtain the warrant. Probable cause is defined as reasonable grounds that lead law enforcement to assume an individual may have committed a crime and to carry out further investigation.

Issuance by a Judge or Magistrate

Once probable cause has been established, the next step is to obtain a warrant. The peace officer applying for the warrant must present an application, which must include probable cause and any supporting documentation, to a judge in an authorized court. If the judge finds the application sufficient, they will sign the warrant permitting the proposed action.

Entry into Law Enforcement Databases

Warrant information is frequently added to several law enforcement databases after it is issued in Mississippi. The state's Department of Public Safety (MDPS) Criminal Information Center (CIC) adds warrants to its database, and this information is available to anybody who desires to see them. Additionally, warrants can be found in the local databases of many sheriff's offices and law enforcement agencies across the state.

Common Types of Warrants in Mississippi

Mississippi judges issue a variety of warrants, each with a specific function. The most prevalent kinds issued in the state are as follows:

Search Warrants: A court may issue a search warrant, which permits law enforcement officials to search people, locations, or properties to gather evidence of criminal activity.
Arrest Warrants: When there is probable cause to suggest that a person has committed a felony or misdemeanor, a judge may issue an arrest warrant.
Bench Warrants: The court may issue a bench warrant to someone who disobeys a court summons, refuses to pay a fine or child support, fails to show up for a hearing, or violates another court order. The warrant gives police the right to make an arrest and take the person to court.
Warrant of Attachment: A judge may issue this warrant to summon someone to court to answer to a contempt of court charge for disobeying a court order. It is used in both civil and criminal cases.

Arrest Warrants in Mississippi

Mississippi arrest warrants are court orders directed to law enforcement to detain someone suspected of a crime. The warrant may contain particular information like the full name of the defendant, or if the name is unknown, any known aliases or distinguishable personal characteristics. It must have the known address of the defendant and the alleged offence. It must also contain a directive to bring the subject before the issuing judge or any other judge who has the authority to hear the matter

Bench Warrants

If someone does not show up for court as required by a summons, subpoena, or court order, a Mississippi judge may issue a bench warrant. It instructs law enforcement to capture the noncompliant individual and take them to court. When someone breaks the terms of probation, parole, or a suspended sentence, a Mississippi bench warrant may also be issued.

Search Warrants

A Mississippi search warrant is a court-signed document that gives law enforcement the authority to look for and confiscate a person or object. A search warrant must abide by Rule 4 of the Mississippi Rules of Criminal Procedure and the Fourth Amendment of the US Constitution in order to be deemed lawful.

In Mississippi, a search warrant is granted to recover evidence of criminal activity, contraband, and other illegally possessed items. To get a warrant issued, there must be probable cause. Each state-issued search warrant must be carried out and returned within ten days. Judges also issue a no-knock warrant that enables police officers to search a location without knocking or announcing their presence, especially when a suspect is evading capture.

A capias warrant may be issued by the judge if a person is found guilty, fails to pay a fine, or disobeys particular court orders. This warrant enables law enforcement to hold someone until they can appear in court. The only ways to have this warrant revoked are to pay the fine or serve the necessary time. Capias warrants can be civil or pro fine. A capias pro fine is used in criminal prosecutions, while a civil capias is used in civil processes.

How Long Are Warrants Valid in Mississippi?

Most warrants in Mississippi, such as arrest warrants, stay active until settled, that is, the offender is brought into custody, turns themselves in, or fulfills their overdue obligation. However, a Mississippi search warrant has a 10-day validity period within which it must be executed, otherwise, it becomes void. However, if there is reasonable cause, a court may reissue the search warrant.

How To Find Out If You Have a Warrant in Mississippi

If you think there might be an active warrant in your name, you can check online or pay an in-person visit to local law enforcement agencies or courthouses where the warrant might have been issued. You might have to present your ID and full name. Note that an in-person inquiry may result in an arrest if the warrant exists, therefore, it may be wiser to have your attorney confirm the warrant.

You can also request your criminal history in Mississippi, which may include any warrants that are currently pending. You may submit your record request to the Criminal Information Center (CIC) of the Department of Public Safety (MDPS).

FAQ

Can Police Search Your Car Without a Warrant in Mississippi?

In Mississippi, the following factors give police the right to search your car without a warrant:

Consent: A police officer may search your vehicle without a warrant if you permit them to do so. You forfeit your Fourth Amendment rights when you agree to a search request for your vehicle. Everything they discover during such searches, no matter how small, can be used against you. Keep in mind that refusing a search does not constitute probable cause.
Probable Cause: If the authorities have probable cause to believe that a crime has been committed, they may search your vehicle without a warrant. This might be the result of your going above 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, the police may search your car to make sure there are no weapons or other items that could put them in danger.
Inventory Searches After a Tow: If your car has been towed, police may conduct an inventory search to document your belongings. They have the right to use any incriminating discovery they find against you.

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

The amount of time required to get a search warrant from a Mississippi court is not specified by law. The facts or information provided by the law enforcement officer requesting the warrant will determine the application timeframe. If there is enough evidence to show a reasonable probability that the person or place being searched has an item that could prove a crime, the judge will grant the search warrant. To get a search warrant speedily, law enforcement may need to convince the judge through probable cause that a warrant needs to be issued to ensure a crime is properly investigated.

What Happens After a Search Warrant Is Executed?

In Mississippi, law enforcement must adhere to certain protocols when carrying out a search order. Except the warrant permits them to do otherwise, law enforcement must knock and identify themselves before commencing their search. Officers are required to post a visible notice of the search when they conduct one when the owner is not present.

A thorough inventory of every item that has been seized needs to be made. For property owners to recognize their belongings, this inventory needs to be sufficiently detailed. The property owner must receive a copy of this receipt, or it must be left on the property if they are not present.

The search warrant and any inventory of items seized must be quickly returned to the court designated by the law enforcement official carrying out the search warrant. Seized objects must be kept in safe evidence facilities by law enforcement, and every item must follow a strict chain of custody.

Items that are not necessary for the investigation can be returned upon request from property owners. Documents and other materials may be copied, and the originals may be returned as well. If it would cause undue hardship, courts may also permit the discharge of certain property before trial.