Montana Warrant Search

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

A warrant search in Montana involves determining whether an individual is the target of any outstanding warrants. A warrant is a legal document that provides law enforcement with the legal authorization to perform certain activities, such as making an arrest or searching a property. It includes the individual's name, birthdate, offense, charge, bond, and court information. You may conduct a warrant search as part of a general due diligence process or to gather publicly available information about an individual.

What is Montana Warrant Search?

A warrant search is a process used to determine whether an individual in Montana has any outstanding warrants issued and/or executed inside the state. In Montana, a warrant search can be carried out either online or in person. Warrants, which provide law enforcement the authority to carry out particular tasks like conducting a search, seizing property, or making an arrest, are issued by judges. They are crucial to the administration of justice.

The Montana Code Title 2 Chapter 6 - Public Records states that warrants are public records. This means that anyone can view and copy warrants online or in person at any law enforcement agency. Nonetheless, in Montana, some warrants or the information they contain are considered confidential. For example, unexecuted search and arrest warrants and warrants for juvenile arrests.

How To Conduct a Warrant Search in Montana

There are several options for anyone seeking to conduct a warrant search in Montana. Generally, you may conduct a warrant search by using the public access portal for the Montana Supreme Court. Here you can select the specific court where the warrant was issued. Note that you will have to log in to the platform to search by party or case or to view the history tab, which provides warrant information. Other options include:

Police Departments: The majority of Montana police departments provide warrants both in person and over the phone. For example, the Billings Police Department offers arrest records over the phone.
Sheriff's Offices: Warrants can be located over the phone, via email, online, or in person at the county sheriff's office where they were issued.
District Courts: Montana District Courts can be contacted by phone or email to obtain warrants.
Municipal Courts: Anyone in Montana can obtain a warrant in person, over the phone, or online at any Municipal Court.
Justice Courts: You can search for a warrant in person, online, or by email at any Montana Justice Court. For example, the Sweet Grass County Justice Court, the Valley County Justice Court, and the Yellowstone Justice Court offer a list of outstanding warrants.
City Courts: During regular business hours, the majority of City Courts can provide information about warrants both in person and online. For example, Glendive City Court offers a list of warrants on its website.

County Sheriff's Offices and Local Police Departments

In Montana, you can find a warrant by contacting the local police department or sheriff's office in the county where the warrant was issued. Some of these agencies post a list of wanted persons with outstanding warrants issued in their jurisdictions. These include:

Are Montana Warrant Records Publicly Accessible?

The Montana Public Records Act makes warrant records a publicly accessible record. This Act allows anybody to view and copy warrants at any law enforcement agency during regular business hours, either in person or online.

You may look up outstanding warrants by contacting the various courts or law enforcement agencies in the state. Some of these institutions also offer information about such warrants online. Common information included on a Montana warrant is name, age, and physical description of the subject, charges, date of issuance, name of issuing court, arresting officer, and an affidavit proving probable cause for arrest.

Nonetheless, in Montana, some warrant documents or the information they contain are considered confidential. These include unfulfilled search warrants and warrants for juvenile arrests.

How Are Warrants Issued in Montana?

Montana judges are responsible for issuing warrants in the state. Typically, the issuing judge would be in the same jurisdiction as where the warrant will be executed, especially if it is a search warrant. The judge will issue a warrant after the application is made. This can be done online, in writing, or over the phone while under oath or affirmation. There must be sufficient facts stated in the warrant application to establish probable cause. For instance, search warrant applications must provide sufficient evidence to the judge that a crime has been committed or that evidence, contraband, or individuals involved in the offense may be discovered.

Probable Cause Determination

Probable cause refers to a legitimate basis for suspecting someone of committing a crime and wanting to further investigate. Law enforcement must first demonstrate probable cause before obtaining a warrant from a judge. Physical evidence found during an inquiry, witness statements, or other trustworthy information can all serve as the basis for probable cause. The peace officer getting the warrant must provide an affidavit detailing the facts and circumstances that have led them to believe there is probable cause.

Issuance by a Judge or Magistrate

The next step is to have the warrant authorized and issued after probable cause has been established. The law enforcement officer must appear before a judge or authorized court official with the affidavit and any supporting documentation. If the judge is pleased with the application, they will sign the warrant permitting the planned action.

Entry into Law Enforcement Databases

Warrants issued in Montana may be entered into databases managed by federal and state law enforcement. Montana warrants may be added to the Montana Judicial Branch's Public Access Portal. Many Montana Municipal, Justice, District, and City Courts, as well as Sheriff's Offices and Police Departments, also have online databases where warrants issued in their jurisdiction are added.

Common Types of Warrants in Montana

Various types of warrants are issued in Montana, each with a specific purpose. The most common types of warrants in Montana are as follows:

Arrest Warrants: Sometimes known as direct warrants, these give law enforcement the authority to track down and detain an individual who is reasonably suspected of committing a crime.
Bench Warrants: These are issued when someone disregards court orders, such as misses a probation hearing, fails to pay child support as ordered by the court, or does not appear in court on time.
Search Warrants: These allow police to search a specific location or piece of property for proof of a crime.
Fugitive Warrants: These are issued when the subject suspected of a crime is believed to be living or hiding in another state.
Governor's Warrants: When these are issued, they give local law enforcement the authority to arrest and return a suspect who has committed a crime in another state to law enforcement in that state.

Arrest Warrants in Montana

This is a written order issued by a Montana judge to a peace officer directing the arrest of an individual suspected of committing a criminal offence. An arrest warrant in the state must include the name of the subject of the arrest or, if the subject's name is unknown, a specific, recognizable description of the subject. It must specify the offense and the date of issuance, specify the amount of bail, be signed by the judge with their title of office noted, and order the accused person's arrest.

In Montana, an arrest warrant may be directed to all peace officers in the state. The judge typically issues this after receiving evidence from law enforcement that shows a reasonable suspicion that the individual committed a crime. In Montana, this type of warrant is issued frequently.

Bench Warrants

As the name suggests, a bench warrant is typically issued by a judge from the bench when a suspect commits an offense. It is usually related to a probation or parole violation, like missing court dates, committing new felonies, or testing positive for drugs. Bench warrants give law enforcement the authority to arrest the offender and bring them before the court to resolve the violation.

Search Warrants

A search warrant is a court-issued document that permits the search of a certain area to gather evidence of a particular crime. State and federal regulations, including the Fourth Amendment, guarantee that searches are carried out in a way that protects people's right to privacy. In Montana, the only people who can request a search warrant are peace officers, the attorney general, or the municipal or county attorneys.

The purpose of a search warrant is to look for proof of a crime in a particular location. If the judge determines that there is probable cause to think that such evidence exists, the warrant is issued.

A search warrant may be served at any time within a specified period (10 days), day or night, per MCA Section 46-5-225. Law enforcement is required to return any search warrants that are not served within the allotted time. In Montana, a search warrant can only be served by the peace officer mentioned in the warrant.

Capias Warrants

A capias warrant, which allows law enforcement to hold someone until they can appear in court, is issued by judges in Montana. This kind of warrant is typically issued when someone is found guilty through a court appearance, plea, or incarceration, or fails to pay a fine or meet specific duties within the designated time frame. This warrant is usually resolved by either paying the amount owed or by serving the required time. Capias warrants fall into one of two categories: pro fine or civil. Civil capias is used in civil courts, while capias pro fine is associated with criminal charges.

How Long Are Warrants Valid in Montana?

The duration of a warrant in Montana varies depending on its type. Most warrants, including arrest and bench warrants, do not have expiration dates and remain active until they are served, recalled, or the subject of the warrant passes away. For search warrants, they have a validity period of ten days from their issuance date; any search warrant not served within that period is void and must be returned to the court or the issuing judge and marked as "not served".

How To Find Out If You Have a Warrant in Montana

In Montana, you can inquire about your warrant status by contacting the court where the warrant may have been issued . Arrest warrants are generally available through most Municipal, Justice, District, and City Courts online, by phone, email, or in person. . To find out whether you have an outstanding arrest warrant, contact your local police department and county sheriff's office. During regular business hours, these authorities typically respond to requests for arrest warrants via phone, online, or in person. Note that visiting law enforcement agencies in person may result in arrest if an active warrant exists.

FAQ

Can Police Search Your Car Without a Warrant in Montana?

Yes, law enforcement in Montana can search your car without a warrant under the following circumstances:

Probable Cause: The police have the right to search your car if they have a credible reason to believe that a crime is being committed. They might check the trunk, back seat, driver's area, storage, and any containers that might be hiding illegal goods or proof of criminal activity.
Consent: If you allow a police officer to search your car, they may do so without a warrant. You should therefore respectfully inform them that you do not consent to a search of your car without a warrant.
Plain View: Without a warrant, a police officer may search your vehicle if they have reason to believe you have committed a crime based on what they see, smell, or hear.
Search Incident to Arrest: Police may search your car if you are arrested while inside. The search may be done to make sure there are no weapons or individuals in the car who could endanger the officer.

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

When a warrant application is submitted and satisfies all conditions, such as having a particular search area and probable cause, Montana judges have the authority to issue search warrants right away. Peace officers can expedite the procedure by applying for warrants over the phone or online. The issuance of search warrants may also be determined by the availability of the issuing judge.

What Happens After a Search Warrant Is Executed?

When Montana law enforcement executes a warrant without waiting at least 20 seconds after announcing their presence, it is considered a no-knock warrant. When executing a search, officers on the entry team must wear an official uniform that identifies what agency they are from and a body-worn camera. In cases where there's a likelihood of death or bodily harm, only officers trained in the use of stun grenades, stun, distraction, or other similar devices may use such a device.

Information about how people are treated during a search and how evidence found during a search is handled in Montana is lacking. However, in general, when searching a home, law enforcement must safeguard the rights of those within. They are required to make sure the evidence collected follows a chain of custody and is either destroyed or returned after the case is tried.

If an unlawful search was conducted on your property, your lawyer may submit a petition to suppress, which would prevent the introduction of any search-related evidence in court. Due to the unlawful search, you might also be entitled to settlements in a civil case.