Pennsylvania Warrant Search

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

A warrant search in Pennsylvania is an effective way to find out if there are any active warrants issued against an individual within the state. This search can be conducted for personal reasons or due diligence. It provides essential details such as the type of warrant, the date of issuance, and the issuing authority.

What is a Pennsylvania Warrant Search?

A warrant search in Pennsylvania involves checking for warrants that have been issued or executed within the state. Warrants are legal documents that authorize law enforcement to take certain actions, such as arresting an individual, conducting a search, or seizing property. They are generally considered public information under Pennsylvania's Right-to-Know Law (RTKL). As such, you can access certain warrant information through a warrant search to determine whether a person is subject to an outstanding warrant.

However, it should be noted that access to some types of warrant information may be restricted. For instance, juvenile records, sealed court cases, and confidential law enforcement records related to active criminal investigations are typically exempt from disclosure under the Right-to-Know Law. Similarly, information that could jeopardize public safety or compromise ongoing investigations may also be withheld from public access.

How To Conduct a Warrant Search in Pennsylvania

There are several methods for performing a warrant search in Pennsylvania, such as:

Through official online databases, like the Pennsylvania State Police list of individuals wanted for serious offenses on their Ten Most Wanted webpage. Also, some county sheriff's offices and police departments publish lists of most-wanted individuals or active warrants on their websites.
Directly contacting the law enforcement agency and/or trial courts in the county where you believe the warrant was issued. Some agencies may require you to submit an official records request under the Pennsylvania Right-to-Know Law (RTKL).
Utilizing reputable third-party websites like RecordsFinder that offer warrant search services. However, it is important to verify any findings with the appropriate government agency, as third-party databases may not always be up to date.

County Sheriff's Offices and Local Police Departments

In Pennsylvania, you can often conduct a warrant search by contacting the sheriff's office or police department in the county where the warrant was issued. While many counties require individuals to inquire in person or by phone, some sheriff's offices and local agencies maintain online "Most Wanted" lists that highlight individuals with outstanding warrants. For example, counties like Allegheny County provide public access to information about active warrants in their jurisdictions. You may contact the appropriate law enforcement agency for more information.

Are Pennsylvania Warrant Records Publicly Accessible?

Warrant records in Pennsylvania are generally considered public under the state's Right-to-Know Law, unless access is restricted by specific laws, court rules, or judicial orders.

For example, under Rule 513(c) of the Pennsylvania Rules of Criminal Procedure, the affiant or the attorney for the Commonwealth may request a delay in public access to an arrest warrant if they believe there is good cause. If the court finds good cause, it may delay access for up to 72 hours or until the warrant is executed, whichever comes first. In more sensitive cases, Rule 513.1 provides a separate mechanism for extended confidentiality, allowing prosecutors to request that arrest warrant information be sealed for up to 60 days, with possible 30-day extensions if good cause continues to exist.

Search warrants, on the other hand, follow a different set of rules. Under Rules 205 and 212, each warrant and its supporting affidavits are not entered into the public docket until the warrant has been executed. If a search warrant remains unexecuted, it remains confidential and is not publicly accessible.

Individuals seeking warrant information may contact the court where the warrant was issued or the relevant law enforcement agency to request access to these records. When making a request, you may be required to submit a formal Right-to-Know request form and provide details such as the name of the individual involved, the approximate date of issuance, and the nature of the offense. Some courts and sheriff's offices may charge fees for copies of warrant records or record retrieval services.

It is important to understand that while many warrant records are publicly accessible, certain types of information are exempt from disclosure. For instance, records involving juveniles, sealed cases, and confidential criminal investigative materials related to ongoing investigations are typically withheld to protect individual privacy rights and the integrity of law enforcement activities.

How Are Warrants Issued in Pennsylvania?

The legal framework for the issuance and execution of warrants in Pennsylvania is primarily governed by the Pennsylvania Rules of Criminal Procedure. This process is designed to ensure that individual rights are protected while also allowing law enforcement to effectively investigate and address criminal activity. To this end, certain key steps must be taken before a warrant may be issued and after it has been executed. These include the establishment of probable cause, judicial review and approval, and proper documentation.

Probable Cause Determination

In Pennsylvania, probable cause is an essential requirement for the issuance of any warrant. Before a judge or magisterial district judge may issue a warrant, law enforcement officers must present sufficient facts establishing a reasonable belief that a crime has been committed and that the individual named in the warrant, or the place to be searched, is connected to that criminal activity.

This evidence can include witness statements, physical evidence collected during an investigation, or other credible information. The officer seeking the warrant typically has to submit an affidavit detailing the facts and circumstances that they believe establish this probable cause.

Issuance by a Judge or Magistrate

Once probable cause has been established, the next step involves seeking judicial approval for the warrant. Law enforcement officers must present the sworn affidavit, along with any supporting evidence, to an authorized judicial officer for review. In Pennsylvania, warrants may be issued by judges of the Courts of Common Pleas or by magisterial district judges, depending on the nature, seriousness, and stage of the offense.

The judicial officer must carefully evaluate the affidavit to determine whether probable cause exists and whether all legal requirements have been followed. If satisfied, they will sign the warrant authorizing the requested action.

Entry into Law Enforcement Databases

Once a warrant is issued in Pennsylvania, it is typically entered into various law enforcement databases to ensure that the information is accessible to relevant authorities statewide and nationally. At the state level, warrants are entered into databases like the Commonwealth Law Enforcement Assistance Network (CLEAN) and the Pennsylvania Justice Network (JNET).

Depending on the nature of the warrant and the underlying offense, the information may also be entered into national databases like the National Crime Information Center (NCIC), accessible to law enforcement agencies across the country.

While the full details of these databases are typically reserved for law enforcement use, certain (usually very limited) details may be made available to the public through county sheriff websites, police department notices, or court records.

Common Types of Warrants in Pennsylvania

There are several types of warrants in Pennsylvania, each serving a distinct purpose. They include, but are not limited to:

Arrest Warrants: These authorize law enforcement to apprehend and detain an individual suspected of committing a criminal offense
Bench Warrants: These are issued when a person fails to comply with a court order, such as failing to appear at a scheduled court hearing, violating probation terms, or failing to pay court-ordered fines or support obligations
Search Warrants: These authorize law enforcement to search a specific location for 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 usually used in civil proceedings, such as cases involving contempt of court or failure to comply with a subpoena. It directs law enforcement to take the individual into custody to compel their appearance before the court.

Arrest Warrants in Pennsylvania

An arrest warrant in Pennsylvania is a court order that authorizes law enforcement officers to apprehend and take a suspect into custody. These warrants are issued when there is probable cause to believe that the individual (named on the warrant) has committed a crime. Once issued, an arrest warrant remains active until it is executed or formally recalled by the issuing court. Arrest warrants can stem from new criminal charges, probation violations, or failures to appear in court, and they are among the most commonly issued warrants in Pennsylvania's criminal justice system.

Bench Warrants

A bench warrant is issued by a judge, often from the courtroom (hence the name "bench" warrant). Bench warrants are typically issued when an individual fails to appear for a scheduled court hearing, violates probation or parole conditions, or disregards other court orders. The warrant authorizes law enforcement officers to detain the individual and bring them before the court to address the violation. Like arrest warrants, a bench warrant in Pennsylvania remains active until it is executed or formally recalled by the issuing court.

Search Warrants

Search warrants allow law enforcement officers to enter a specified location, such as a residence, vehicle, or business, to search for and seize evidence related to a crime. Before a search warrant can be issued, police must establish probable cause and describe in detail the location to be searched and the items sought. Search warrants are closely regulated by state and federal law (particularly the Fourth Amendment) to protect individuals against unreasonable searches and seizures. Under Pennsylvania Rule of Criminal Procedure 205, a search warrant must generally be executed within 2 days from the time of issuance and returned to the issuing authority promptly afterward.

Capias Warrants

A capias warrant, often referred to simply as a "capias", is a type of warrant typically issued in civil matters or contempt proceedings. It authorizes law enforcement to detain an individual who has failed to comply with a court order, such as appearing for a deposition or satisfying a judgment. Like other warrants, a capias remains active until the person is arrested, voluntarily appears before the court, or the warrant is recalled.

How Long Are Warrants Valid in Pennsylvania?

The validity of a warrant in the state depends on the type issued. Most warrants, including arrest and bench warrants, do not expire and remain active indefinitely until the warrant is executed or recalled/resolved by the issuing court.

In contrast, search warrants are typically only valid for up to 2 days from the time of issuance. After execution, the warrant must be promptly returned to the issuing authority with a written inventory of any property seized and a report of the actions taken concerning it.

It is important to note that although arrest and bench warrants do not expire, the underlying criminal charges may sometimes be subject to statutes of limitations. These laws establish the maximum time after an offense during which prosecution must be initiated. However, this typically does not affect arrest warrants for certain serious offenses, including murder.

How To Find Out If You Have a Warrant in Pennsylvania

You may find out if you have an outstanding warrant in Pennsylvania by taking several actions:

Contact local law enforcement: One way of determining if you have an outstanding warrant in Pennsylvania is by contacting the sheriff's office or police department in the county where the warrant was issued. Note that some authorities might need you to make a formal request or produce identification for verification purposes; nonetheless, you should be cautious while doing so, as verifying a warrant often leads to immediate action.
Check court records: You may visit the clerk's office of the District or Superior 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 offer online access to public warrant information and may be used to search for outstanding warrants in your name. However, information from these resources should be used cautiously and verified with official sources.
Consult with an attorney: If you believe a warrant may exist, consulting your attorney is often the safest and most effective route. An attorney can discreetly verify the existence of a warrant through legal channels and advise you on how to respond

FAQ

Can Police Search Your Car Without a Warrant in Pennsylvania?

While the Fourth Amendment protects individuals against unreasonable searches and seizures, law enforcement can legally search your vehicle without a warrant in Pennsylvania. In Commonwealth v. Alexander, 243 (Pa. 2020), the Pennsylvania Supreme Court held that, under Article I, Section 8 of the Pennsylvania Constitution, law enforcement officers must have both probable cause and exigent circumstances, such as an immediate risk of evidence being destroyed or a threat to officer safety, to conduct a warrantless search of a vehicle. This decision overruled the earlier precedent set in Commonwealth v. Gary, which had permitted warrantless vehicle searches based solely on probable cause.

However, certain other exceptions may still apply. Police may search a vehicle without a warrant if the driver voluntarily consents to the search, if evidence is clearly visible in plain view, or if the search is incident to a lawful arrest and limited to areas within the arrestee's immediate reach. Additionally, inventory searches of lawfully impounded vehicles are permitted under the "community caretaking" exception, provided they are conducted according to standardized procedures and not for investigative purposes.

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

There is no fixed timeframe for how long it takes to obtain a search warrant in Pennsylvania, as the process depends on multiple factors. These include the complexity of the investigation, the urgency of the situation, the availability of a judge or magisterial district judge, and the sufficiency of the affidavit establishing probable cause.

In routine cases with clear evidence and readily available judicial oversight, law enforcement may be able to secure a warrant within a few hours. However, in more complex situations involving extensive evidence or multiple suspects, it may take longer for the reviewing authority to evaluate the application before issuing the warrant.

When circumstances present an imminent risk of evidence being destroyed or when public safety is at stake, the process may be expedited. In such cases, law enforcement may seek immediate judicial review, even by phone or electronic means if authorized. Note that this issuance must still be done by an authorized judicial officer, regardless of the nature of the emergency.

What Happens After a Search Warrant Is Executed?

The execution of a search warrant involves law enforcement officers entering the specified premises and conducting a search for the items listed in the warrant. They are typically required to follow strict protocols regarding the areas they can access and the items they are permitted to seize. Officers must act following Pennsylvania Rule of Criminal Procedure 209, which outlines the procedures for executing and returning a search warrant. If the property owner or occupant is present, they have a right to inspect the warrant; if they are not present, officers must leave a copy of the warrant and an inventory of the items seized in a conspicuous place on the premises.

After executing the warrant, officers must complete and sign an inventory of all property seized, and a copy of that inventory must be provided to the issuing authority and to the person from whom or from whose premises the property was taken.

After the search is completed, the law enforcement officer who executed the warrant must return it to the issuing court. This involves filing the original warrant along with a report detailing when and how it was executed and a list of the items that were seized. Also, the officer must promptly return the warrant and the accompanying inventory to the judge or magisterial district judge who issued it.