North Carolina Warrant Search

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

A North Carolina warrant search is the process of retrieving information about active and outstanding warrants issued in the state. These searches are conducted for different reasons, ranging from determining whether a warrant has been issued against an individual to tracking the status of an active warrant. A warrant search helps you avoid legal issues in any of these cases. In North Carolina, a warrant search typically reveals essential details, such as the type of warrant, the date of issuance, and the law enforcement agency responsible for executing the warrant.

What is a North Carolina Warrant Search?

North Carolina warrants are judicial orders that authorize law enforcement to take specific actions during legal proceedings or criminal investigations. These actions include arresting individuals suspected of committing a crime, searching premises for evidence, and seizing items relevant to an ongoing investigation.

Warrants in North Carolina are considered public records, meaning anyone can search for warrant information to determine if any outstanding warrants have been issued against an individual. A warrant search is a way to obtain essential information about a warrant issued or executed in the state. While warrant searches are permitted, certain records are exempt from public access. These include records of ongoing criminal investigations, sealed arrest and search warrants, and records related to juvenile cases. To access these records, you must contact the courthouse that issued the warrant and provide a subpoena.

How To Conduct a Warrant Search in North Carolina

There are several ways to conduct a warrant search in North Carolina:

You can look up statewide warrant information through online databases, including the North Carolina Judicial Branch warrant search portal.
Directly contact the law enforcement agency or trial court in the county where you think the warrant was issued. Note that most agencies and courts in North Carolina do not provide warrant information over the phone.
Utilizing third-party websites, such as RecordsFinder, which may offer warrant lookup searches.

County Sheriff's Office and Local Police Departments

Warrants are issued by judges and executed by local sheriff's offices and police departments. Consequently, local sheriff's offices and police departments often maintain files of warrants issued and executed in their jurisdiction. You can find warrant information by contacting the local police department or sheriff's office in the county where the warrant was issued. You can visit the office in person or check their official website for non-emergency numbers.

Some sheriff's offices and police departments also maintain searchable databases that allow members of the public to conduct warrant searches. For example, the Mecklenburg County Sheriff's Office maintains a warrant inquiry portal.

Are North Carolina Warrant Records Publicly Accessible?

In North Carolina, warrants are public information under the state's public records law. These laws, outlined in Chapter 132 of North Carolina General Statutes, require that records generated, received, or maintained by government agencies, including warrant records, be accessible to the public upon request. Consequently, individuals seeking this information may utilize resources such as the North Carolina Judicial Branch warrant search portal. Alternatively, interested persons may visit the local courthouse where the warrant was issued to obtain these records.

To view warrant records, you may need to provide some specific details. This includes the name of the person with the warrant, their gender, and the type of offense associated with the warrant. You can use the statewide warrant search portal for free to access this information. However, fees may be incurred when obtaining copies of the warrant from the trial court.

While most warrant searches typically provide comprehensive information about active and outstanding warrants in the state, specific records are exempt from public disclosure to protect individual privacy and guarantee public safety. For example, arrest and search warrants sealed by court order are not public records. Similarly, warrant records that may affect an ongoing investigation are exempt from public disclosure.

How Are Warrants Issued In North Carolina

Chapter 15 of North Carolina General Statutes establishes the rules guiding the issuance and execution of warrants in the state. The rules aim to protect individual rights while allowing law enforcement to investigate crime. Before issuing a warrant, law enforcement must follow key steps. These steps involve establishing probable cause, securing judicial authorization, and maintaining thorough documentation.

Probable Cause Determination

In North Carolina, most warrants are issued only when there is probable cause to believe a person committed a crime. The burden of probable cause typically rests on the law enforcement officer applying for the warrant. These individuals can establish probable cause by submitting a comprehensive affidavit that clearly outlines the facts surrounding the alleged crime.

The affidavit should include detailed information about the events leading up to the crime, the context in which it occurred, and any relevant timelines. It must also identify the suspect by providing identifying information, such as their name, physical description, and any prior criminal history. In addition to identifying the suspect, the affidavit should present supporting evidence substantiating the claims. This may include statements from witnesses at the scene and physical evidence collected during the investigation.

Issuance by a Judge or Magistrate

Once a judge sees sufficient reason to approve the warrant, the next step is issuing the warrant. In North Carolina, this task may be carried out by a judge or, under specific circumstances, by a clerk. The warrant will detail key information, including the nature of the crime for which the individual is charged, the type of warrant, the date of issuance, and the identity of the law enforcement agency responsible for executing the warrant.

Entry into Law Enforcement Databases

Once a warrant is issued in North Carolina, it is usually entered into various law enforcement databases. These typically include the North Carolina Judicial Branch warrant search portal, local sheriff's office, and police departments' databases.

Warrants may also be entered into national databases maintained by the National Crime Information Center (NCIC). These databases are accessible to law enforcement agencies nationwide. The detailed information contained within these databases can only be accessed by law enforcement officers. However, certain limited information may be made available to the public through online portals managed by these agencies and the court system.

Common Types of Warrants in North Carolina

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

Arrest Warrants: These authorize law enforcement to detain an individual suspected of committing a crime. They are sometimes called "straight warrants".
Bench Warrants: These are issued when an individual fails to comply with court orders, such as failing to appear in court as required, missing a probation hearing, or not paying court-ordered child support. Bench warrants are sometimes called "default warrants".
Search Warrants: These warrants authorize law enforcement to search a specific location, such as a residence or vehicle, to gather evidence related to a crime.
Governor's Warrant: These are issued to facilitate the extradition of a fugitive from another state.
Capias Warrants: These are issued when an individual fails to comply with a court order in a civil case.

Arrest Warrants in North Carolina

Arrest warrants are judicial orders authorizing law enforcement officers to arrest an individual suspected of committing a crime and ensuring they answer to the charges made against them. Arrest warrants are issued only when there is probable cause to believe that the individual committed the crime for which they are accused. Circumstances to be considered in determining whether an arrest warrant should be issued include failure to appear in court, facts that the person is guilty, fear that the accused might escape, and fear that the accused poses a significant risk to others. In North Carolina, an arrest may be issued by a justice of the Supreme Court, a j udge of the Court of Appeals, a j udge of the Superior Court, or a j udge of the District Court. Once issued, arrest warrants remain active indefinitely until they are executed.

Bench Warrants

A judge issues a bench warrant during court when someone does not follow a court order, especially when they fail to appear for a scheduled court date. This warrant allows law enforcement to detain the person and ensure they come to court. In North Carolina, a bench warrant stays active until the person appears in court or the court formally cancels the warrant.

Search Warrants

Search warrants are judicial orders authorizing law enforcement officers to enter property or a vehicle to search for and gather evidence relevant to an ongoing investigation. Like arrest warrants, search warrants are issued only when there is probable cause to believe that a person committed the crime for which they are being accused. In North Carolina, search warrants are issued by a justice of the Supreme Court, a j udge of the Court of Appeals, a j udge of the Superior Court, and a j udge of the District Court.

Once the warrant is issued, any law enforcement officer within the jurisdiction can execute it. This search warrant allows the officer to investigate the crime or crimes listed. Warrants must be executed within 48 hours of being issued. If a warrant is not executed within this timeframe, it becomes void. It must then be marked "not executed" and returned quickly to the court clerk without delay.

Search warrants are performed carefully under state and federal law, especially the Fourth Amendment, to ensure that searches respect individual privacy rights while supporting effective law enforcement. For example, before executing a warrant search, the officer must read the warrant and give a copy of the warrant application to the person to be searched. If there is no one available to receive the copy of the warrant application, the officer must leave a copy of the warrant affixed to the premises or vehicle.

How Long Are Warrants Valid in North Carolina

The validity period of warrants issued in North Carolina varies by type. For example, arrest and bench warrants generally remain active indefinitely until they are executed or recalled by the issuing judge. In contrast, search warrants must be executed within 48 hours after issuance. Any warrant not executed within that time limit is void and must be marked "not executed" and returned without unnecessary delay to the clerk of the issuing court.

How To Find Out If You Have a Warrant in North Carolina

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

Contact local law enforcement. You can determine whether there is an outstanding warrant against you by calling the non-emergency number of the local police department or the sheriff's office in the county where you believe the warrant might have been issued. However, you must visit the law enforcement agency in that county or city to request this information formally.
Check court records. You may visit the clerk's office of the court in the county where you have had any legal proceedings to inquire whether a bench warrant or other judicial order has been issued against you.
Utilize online databases. Third-party platforms like RecordsFinder may provide online access to publicly available warrant information and can be used to search for potential outstanding warrants associated with your name. However, the accuracy and validity of these records may not be guaranteed.
Consult with an attorney. It is generally advisable to consult an attorney when performing a warrant search in North Carolina. 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 North Carolina?

While the Fourth Amendment protects individuals against unreasonable searches and seizures, law enforcement officials are permitted to conduct warrantless vehicle searches if there is probable cause to believe that your car was used to commit a crime. A warrantless search may also be executed if a firearm or other dangerous weapon is in plain view. Lastly, a police officer can search your car without a warrant if you consent.

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

The timeline for issuing search warrants is not predetermined in North Carolina, 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 North Carolina typically involves law enforcement officers entering the specified premises and conducting a search for the items listed on the warrant. Once it is completed, the officer who executed the warrant must, without unnecessary delay, return the warrant to the clerk of the issuing court together with a written inventory of items seized. The inventory, if any, and return must be signed and sworn to by the officer who executed the warrant.