North Dakota Warrant Search

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

Submitting a warrant search enables you to check up on an individual to determine whether they are the subject of any pending warrants. In North Dakota, a warrant search may yield details on the person, such as their name, date of birth, offense, charge, and bond details, and court records. Warrant searches in North Dakota may be conducted as part of general due diligence or to access publicly available information.

What is a North Dakota Warrant Search?

In North Dakota, warrant search is the process of determining whether an individual has any outstanding warrants that have been issued and/or executed within the state. These warrants are legal documents, issued by judges, that give law enforcement officials the authority to carry out particular actions linked to the administration of justice, such as conducting a search, seizing property, or making an arrest.

Generally speaking, warrants are public records that the public can view; however, some kinds of warrants are not. These include court-sealed warrants, warrants for minors, and warrants used in an ongoing investigation, like arrest warrants that have not yet been carried out.

How To Conduct a Warrant Search in North Dakota

To conduct a warrant search in North Dakota, you may use any of the following options:

Contact local North Dakota law enforcement agencies like County Sheriff's Officesand Municipal Police Departments - some offer online search tools,
Contact the District Courts of North Dakota.
Use the North Dakota Court System's Public Search

County Sheriff's Offices and Local Police Departments

You can search for a warrant in North Dakota by contacting the sheriff's office or local police department in the county where the warrant was issued. While many North Dakota counties do not provide warrant information online, some agencies publish listings of wanted individuals with outstanding warrants issued in their respective jurisdictions on their official websites. These include:

You can get in touch with the appropriate law enforcement organization for additional details.

Are North Dakota Warrant Records Publicly Accessible?

North Dakota FOIA laws, specifically North Dakota Century Code (NDCC) Chapter 44-04. provide the legal basis for North Dakotans' right to access public records, including warranties. This means that any individual or any organization, regardless of where they live, can access information on warrants issued from within North Dakota.

You can get warrants from either North Dakota courts or law enforcement agencies. These institutions also provide tools for locating active warrants against specific people on their official websites. These tools are typically accessible for free, searchable, and may contain a concise collection of public information concerning active warrants. To find the warrants using these online tools, you can use the complete name of the subject or search parameters like the case number, citation number, or the date the warrant was filed, depending on the platform.

However, some warrants might not be available to the public if they are part of an ongoing criminal investigation, juvenile records, or have been sealed.

How Are Warrants Issued in North Dakota?

Only state or federal magistrates with jurisdiction where the relevant evidence, person, or property can be found may issue a warrant in the state. Typically, an official of law enforcement, like peace officers, requests a search warrant, and is required to give the magistrate either a sworn testimony, an affidavit, or a warrant that establishes probable cause for the warrant.

If there is proof of contraband, a specific crime, or the property is suspected to have been utilized for criminal purposes, a search warrant may be granted. A maximum of ten days must be specified in each search warrant for the officer to search. It must also identify the location or subject of the search. Unless the magistrate specifies otherwise on the warrant for reasonable cause, a search warrant must be carried out during the day.

Probable Cause Determination

Simply put, "probable cause" refers to justifiable legal reasons for obtaining a warrant. It is a necessary condition for issuing warrants. Law enforcement personnel must first demonstrate probable cause before they may obtain a warrant. Witness accounts, tangible evidence gathered during an investigation, or other trustworthy information may be sufficient to get a warrant issued. Typically, when an officer requests a warrant, they must provide an affidavit outlining the facts and circumstances that they believe demonstrate this reasonable cause.

Issuance by a Judge or Magistrate

Getting approval for the warrant is the next step after establishing probable cause. The law enforcement official is required to present the affidavit to an authorized magistrate together with any supporting paperwork. If satisfied, the magistrate will sign the warrant authorizing the desired activity. The federal and state magistrates in North Dakota have the legal authority to issue warrants.

Entry into Law Enforcement Databases

In North Dakota, after a warrant is obtained, it is usually entered into certain law enforcement databases. These databases include the District Courts of North Dakota and the Public Search of the North Dakota Court System. Depending on the type of warrant and the underlying charge, you might also be able to find this information in the National Crime Information Center (NCIC), which is accessible to agencies of law enforcement across the country.

While some information may be made available to the public via websites provided by the courts and law enforcement, law enforcement typically has exclusive access to the full details of these databases.

Common Types of Warrants in North Dakota

There are several kinds of warrants in North Dakota, each with a distinct purpose. The following are the typical kinds of warrants in the state:

Arrest Warrants: Sometimes known as straight warrants, these give law enforcement the authority to track down and detain an individual who is suspected of committing a crime.
Search Warrants: These allow law enforcement to look for evidence of a crime in a particular area or property.
Bench Warrants: These are used when someone disregards court orders, such as missing a probation hearing, failing to pay child support as ordered by the court, or not appearing in court on time.
Civil Capias Warrants: These warrants, a specific kind of apprehension order, are granted in civil court situations when the defendant consistently disobeys the judge's directives.
Fugitive Warrants: These are issued when a defendant is believed to be hiding in another state. It is issued by the authorities in the state where the crime happened

Arrest Warrants in North Dakota

An issued North Dakota arrest warrant allows law enforcement to detain a suspected criminal. Law enforcement can hold and arrest someone they suspect of committing a crime by using these warrants, which are issued by judges or magistrates. In the majority of cases, law enforcement officials are required to present the judge or magistrate with proof that shows a reasonable suspicion that the individual being arrested committed a crime.

Bench Warrants

This is a type of arrest warrant. The judge usually issues a bench warrant from the bench (hence the name) when a suspect violates the law. These violations are often in terms of their probation or parole, and could include missing court appearances, committing new crimes, or testing positive for narcotics. Law enforcement can use these warrants to hold the individual and bring them before the court to resolve the violation.

Search Warrants

A search warrant is a legal instrument that permits a specific location to be searched and seizures made with the view of finding evidence of a certain crime. A search warrant is intended to grant law enforcement the authority to search a location for evidence of a specific offense. The warrant is issued if the judge finds that there is probable cause to believe that such evidence exists. Information from law enforcement in the form of a signed affidavit serves as the basis for issuance.

State and federal laws, including the Fourth Amendment, closely scrutinize search warrants. This is to ensure that searches are conducted in a manner that upholds the right to privacy of individuals and facilitates effective law enforcement.

Capias Warrants

A capias warrant, which is issued by judges, allows law enforcement to hold someone until they can appear in court. When someone is found guilty through a court appearance, plea, or detention and fails to pay a fine or meet specific requirements within the specified time frame, a Capias Warrant is issued. This warrant may only be satisfied by making the full payment or by serving the required time.

Capias warrants come in two varieties: civil and capias pro fine. Civil capias is utilized in civil cases, whereas capias pro fine is associated with criminal cases.

How Long Are Warrants Valid in North Dakota?

The length of time a warrant is enforceable and valid in North Dakota is determined by the type that was issued. Many court-issued warrants remain in effect forever until they are properly addressed and have no expiration date. Nonetheless, some warrants have specific active periods that are established by law or the court. For instance, search warrants are valid for ten days after they are issued.

While certain warrants never expire, the crime's statute of limitations may. The statute of limitations in the state is two years for all misdemeanors, seven years for sexual assault or human trafficking, and three years for all felonies. There is no statute of limitations for murder in North Dakota. Additionally, the statute of limitations does not start to run until the victim of the offense is at least 15 years old.

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

You can get warrants for yourself by contacting the courts or law enforcement. If the warrant is public, you can find out about it by contacting the office of the court clerk who issued it. Law enforcement agencies use online tools maintained on their official website to make warrant information available to the public, particularly for arrest warrants. If an agency does not have an online platform, you may visit or get in touch with the agency to identify and learn about pertinent warrants. Note that if a warrant for your arrest is discovered, you may be taken into custody.

FAQ

Can Police Search Your Car Without a Warrant in North Dakota?

Warrantless motor vehicle searches are typically unlawful in North Dakota. According to the U.S. Supreme Court, a search warrant is necessary whenever someone has a "legitimate expectation of privacy" in the object or area that is being examined. Two questions must be addressed to ascertain this privacy:

Was there a subjective presumption that the search site would be private?
Was this privacy objectively reasonable to expect?

However, there are some circumstances in which police can lawfully search your car without a warrant:

Probable Cause: When there is a reasonable suspicion of illegal behavior, the police can search a vehicle. This includes searching the trunk and any containers that might be concealing illicit products.
Consent: A police officer does not need a warrant to search your vehicle if you permit them to do so. Therefore, you should politely let the police know that you do not agree to a search of your vehicle without a warrant. Your refusal cannot be considered probable cause.
Plain View: If police have a good basis to believe you have committed a crime based on what they see or smell, they can search your car without a warrant.
Search Incident to Arrest: If you have been arrested during a traffic stop, police may search your car 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 North Dakota?

According to North Dakota law, there is no specific duration required to get a search warrant in the state. A magistrate can only grant a search warrant if the person making the request can provide probable cause for the warrant's issuance. Therefore, the amount of time it takes for the asking party to convince the issuing magistrate that there is adequate probable cause for the warrant determines the timeline for the granting of a search warrant.

What Happens After a Search Warrant Is Executed?

Rule 41 of the North Dakota Rules of Criminal Procedure states that the officer present during the execution of a search warrant is required to compile and confirm the inventory of any confiscated property. The person from whose property was taken or the applicant of the warrant must be present while the officer executes the warrant. If neither of them is present, the officer must compile and confirm the inventory in front of at least one other reliable individual.

When removing property under a warrant, the officer is required to:

provide the person from whom or whose property was seized with a copy of the warrant and a receipt for the taken property
leave a copy of the warrant and receipt at the location where the officer removed the property.

The warrant must be quickly returned to the magistrate named on the warrant by the officer carrying it out, together with a copy of the inventory. Upon request, the magistrate shall provide a copy of the inventory to the individual whose property was taken or to the person who applied for the warrant.

A person who feels wronged by an illegal search and seizure or by the loss of property may petition the trial court to get the property returned. They must present evidence on any factual matter required to decide the motion. The court may impose reasonable conditions to protect access and use of the property in subsequent proceedings. If it grants the motion, it must return the property to the moving party.