New Hampshire Warrant Search

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

In New Hampshire, a warrant search refers to the process of looking up active warrants issued against an individual. It may involve in-person visits to courthouses and law enforcement agencies or online searches. Warrant searches can be a major part of routine checks on a person's criminal history, and a successful search typically reveals details like the type of warrant issued, the status of the warrant, the date it was issued, and the issuing authority.

What is a New Hampshire Warrant Search?

Warrant search in New Hampshire is the process of consulting appropriate authorities to seek or review warrants that have been issued by the state's courts and/or executed by the state's enforcement agencies. Warrants are legal documents, typically issued by a judge to authorize law enforcement officers to take certain action, such as conducting a search or arresting an individual. They are considered public records under New Hampshire's Right to Know Law; therefore, interested individuals can undergo a warrant search to obtain them.

Notably, some warrant records are considered confidential and are exempt from the provisions of the Right to Know Law. These exemptions include juvenile warrant records, sealed warrant records, and records of ongoing investigations. These exempted records may only be released to government authorities, record holders, and their attorneys.

How To Conduct a Warrant Search in New Hampshire

Interested individuals can conduct a warrant search in New Hampshire via any of these methods:

By visiting or contacting the county's trial courts, where you believe the warrant was issued.
By requesting complete criminal history records from the New Hampshire State Police. Outstanding warrants are usually highlighted in New Hampshire criminal records.
By utilizing the New Hampshire Department of Safety's Warrant Non-Compliant Offenders Search portal to search for outstanding warrants for sex offenders and other criminals.
By conducting searches on reputable third-party websites like RecordsFinder that may offer warrant search services.

County Sheriff's Offices and Local Police Departments

County sheriff's offices and local police departments are reliable spots for an effective warrant search in New Hampshire. Local police departments maintain records of all warrants issued within their jurisdiction, while the County Sheriff is responsible for records of all warrants issued in the county. To conduct a warrant search, interested individuals may need to visit these offices in person, as most law enforcement agencies in the state do not provide warrant information online or via calls. Nevertheless, agencies like the City of Manchester Police Department publish Most Wanted lists on their website, which provides details of individuals with pending warrants issued in the city. It is generally advisable to contact the concerned police department for information on the appropriate warrant search method before starting a warrant search.

Are New Hampshire Warrant Records Publicly Accessible?

New Hampshire warrant records are public records, hence, they are accessible to the public. Per the state's Right to Know Law, every citizen has a right to inspect and copy records generated and/or maintained by government agencies, including warrant records. Therefore, concerned authorities can provide warrant records to interested persons upon request. However, the state law exempts some warrant records from public disclosure for various reasons. Sealed warrant records, for instance, are considered "deleted records" and as such, they are restricted from a warrant search. Similarly, juvenile warrant records and warrants issued for an ongoing investigation are deemed confidential by the state, therefore, they are not publicly accessible.

To obtain accessible warrant records, you can submit a request at the local courthouse where the warrant was issued. Some county courts maintain an online database of their records, and you can opt for an online warrant search via their website. If your desired warrant record is related to a court case, you can use resources like the Public Access to Court Electronic Records system (PACER) to obtain details of the warrants and the court proceedings.

Before embarking on a warrant search, it is pertinent to know the full name of the warrantee, the approximate issuance date, or the type of offense for which the warrant was issued, as you may be required to provide them during the search. Also, physical copies of warrant records may attract a fee that varies among county courts and agencies.

How Are Warrants Issued in New Hampshire?

In New Hampshire, warrants are issued and executed per the state's Rules of Criminal Procedure and the 2024 Revised Statutes, RSA 595-A and RSA 595-B. These statutes were created to ensure that individual rights are protected during investigations and the resolution of civil and criminal cases in the state. Therefore, the issuance and execution of warrants in New Hampshire follow a process that includes: submission of a warrant application, determination of probable cause, judicial authorization, and proper documentation.

Probable Cause Determination

Probable cause determination is crucial for the issuance of warrants in New Hampshire. Here, the judge reviews the sworn application submitted by the requesting officer to determine that there is sufficient evidence to believe that an individual committed an offence or that evidence of a crime will be found at a particular location. The sworn application usually contains details like witness statements, physical evidence collected during an investigation, or other credible information that supports probable cause.

This step is important to ensure law enforcement actions like arrests, searches, and seizures are lawful. If probable cause is lacking, an arrest may be considered invalid, and evidence obtained from a search may be deemed useless.

Issuance by a Judge or Magistrate

Once a judge is satisfied with the evidence in the sworn application and probable cause is established, the application is approved, and a warrant is issued.

In New Hampshire, only the Justices of the Peace and Circuit courts have the authority to determine probable cause and issue warrants for arrests, searches, or any other law enforcement action.

Entry into Law Enforcement Databases

Copies of warrants issued in New Hampshire are sent to the state's police department, which makes them available to all local police departments and Sheriff's offices. After eleven months, the police department contacts the issuing court to obtain updated information on issued warrants.

New Hampshire warrants may also be entered into national databases maintained by the National Crime Information Center (NCIC), using the Law Enforcement Electronic Portal (LEEP). These databases are accessible to law enforcement agencies across the country.

Common Types of Warrants in New Hampshire

In New Hampshire, different types of warrants authorize different law enforcement actions. They include:

Arrest Warrants: These warrants authorize law enforcement officers to apprehend and detain a specific person suspected of committing a crime.
Bench Warrants: These warrants are issued by a court when an individual fails to appear in court as required, misses probation hearings, or fails to comply with bail conditions.
Search Warrants: These warrants are issued based on probable cause to authorize law enforcement officers to search a particular location for evidence related to a crime.
Capias Warrants: These are similar to bench warrants, however, they are typically used in civil cases when an individual fails to appear in court or comply with court orders.
Administrative Inspection Warrants: These are used by public inspection agencies like the New Hampshire Department of Health to inspect properties that are subject to regulation.
Emergency Warrants: These are issued when immediate action is required during weekends or after hours, such as arrests following a suspected felony.

Arrest Warrants in New Hampshire

In New Hampshire, an arrest warrant is a legal document issued by justices of the Peace and Circuit Courts to authorize law enforcement officers to apprehend a specific individual who is suspected of committing a crime. These are among the most commonly issued warrants in the state, and they are only issued when there is probable cause to believe that the individual committed a crime. New Hampshire arrest warrants remain valid indefinitely unless executed by law enforcement officers or recalled by the issuing court.

Bench Warrants

Bench warrants are legal documents issued by judicial officials to authorize the apprehension and detention of an individual who has violated court orders. These violations may include, but are not limited to, failure to appear for scheduled hearings at court, violation of probation, and failure to comply with bail conditions. The detention periods may vary; however, the arrestees are usually taken to court to address the violation. Like arrest warrants, New Hampshire bench warrants remain active until the individual is apprehended or the warrant is recalled.

Search Warrants

In New Hampshire, search warrants are among the most commonly issued warrants. They are court orders issued by judges to authorize law enforcement officers to legally search a specific location, vehicle, or person for evidence of a crime and confiscate any evidence found. Like arrest warrants, search warrants require probable cause that the desired items are located at the specified location and are connected to criminal activity. They must contain a specific description of the desired item(s) and location to be searched to prevent possible legal action.

New Hampshire is highly protective of its citizens' rights; therefore, search warrants are usually closely scrutinized under both state and federal law (particularly the Fourth Amendment) to ensure that searches are conducted in a manner that respects individual privacy rights. Nevertheless, law enforcement officers are required to conduct a search not later than 7 days after the issuance of a search warrant.

Capias Warrants

Capias warrants are quite similar to bench warrants. While the latter applies to both civil and criminal cases, capias warrants are typically issued when an individual violates a court order in a civil case. This warrant authorizes the apprehension of the individual, and it remains active until the person is either apprehended or the warrant is recalled.

How Long Are Warrants Valid in New Hampshire?

In New Hampshire, the lifespan of warrants varies with the type of warrant and the law enforcement action it authorizes. Most warrants, especially arrest and bench warrants, remain valid indefinitely until they are executed or recalled by the issuing court. However, search warrants and administrative inspection warrants are typically valid only for seven days after issuance. Within this timeline, law enforcement officers must return to the issuing court with a report of the actions taken concerning the warrant. Notably, administrative inspection warrants may be extended/renewed after the expiration date if the extension/renewal is in the public interest.

Although arrest warrants do not expire in New Hampshire, the underlying charges may be subject to the state's statute of limitations as stated in RSA 625:8. Per this code, prosecution for some offences has to be initiated within a specific timeframe after the commission of the crime. If the statute of limitations expires, prosecution may be difficult even though the arrest warrant is still valid. However, arrest warrants issued for murder cases are not affected by this statute, as prosecution can occur at any time.

How To Find Out If You Have a Warrant in New Hampshire

You can attempt any of these processes to determine if you have a pending warrant in New Hampshire:

Contact local law enforcement offices: You can easily determine if you have an outstanding warrant by calling the local police department or the sheriff's office in the county where you believe the warrant might have been issued. However, you should be cautious as confirming a pending warrant tends to result in immediate law enforcement actions.
Check court records: You can visit the courthouse where you have had scheduled hearings to determine if a warrant has been issued against you. You can also use the Public Access to Court Electronic Records system (PACER) to obtain details of the court proceedings and reasons for the warrant.
Check Criminal History Records: You can submit a formal request for your complete criminal history records to the New Hampshire state police. Criminal history records contain details of all criminal history information, including warrants, their validity, and the issuing authority. Note that the state police charges a fee, as criminal records requests are not free.
Utilize online databases: You can conduct an online warrant search on third-party platforms like RecordsFinder, which may provide online access to pending warrants in your name.
Consult with an attorney: You can consult an attorney on the best methods to look up pending warrants in New Hampshire. They can protect you from possible legal complications and provide legal guidance on how to resolve active warrants.

FAQ

Can Police Search Your Car Without a Warrant in New Hampshire?

In New Hampshire, the Fourth Amendment protects individuals against unreasonable searches and seizures; however, the state law permits law enforcement officers to search your vehicle without a warrant if they have probable cause that a crime is occurring in the car, the car contains evidence of a crime, and if evidence of a crime is in plain view. However, vehicle drivers have the right to accept or refuse to consent to a warrantless search.

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

There is no specific timeline for obtaining search warrants in New Hampshire; however, the duration may vary due to certain factors like the urgency of the situation, the quality of the sworn application, and the complexity of the case. In urgent situations where there is a risk of evidence being destroyed, a judicial officer may issue a search warrant within minutes. Similarly, search warrants related to simple cases with visible probable cause can be issued within a few hours. However, the duration may be longer in complex cases that require a comprehensive evidence review.

What Happens After a Search Warrant Is Executed?

After a search warrant is issued, law enforcement officers enter the specified location to search for the specific items listed in the warrant. They are required to present the search warrant to the occupants upon request, if they are present at the time of the search. After the search, the law enforcement officers create an inventory of all seized items, and a copy is given to the occupant or left in a conspicuous place if the occupant is absent at the time of the search. Then, they return the warrant to the issuing court, along with a report detailing when it was executed, how it was executed, and the inventory of items that were seized.