South Carolina Warrant Search

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

A warrant search in South Carolina is a process that involves determining whether there are active warrants issued against an individual. Warrant searches can be conducted for various purposes, such as personal research or due diligence. These searches generally provide essential information, including the type of warrant, the date it was issued, and the authority that issued it.

What is a South Carolina Warrant Search?

A warrant search in South Carolina is a process for looking up warrants that have been issued and/or executed in the state. Warrants are court orders that authorize law enforcement officers to take a specific action, such as searching a premises, arresting a person, breaking a gambling room, or seizing an item. These documents are generally considered public information under South Carolina's Freedom of Information Act; as such, interested parties can typically access warrant information through a warrant search to determine whether a person is subject to an outstanding warrant.

However, certain warrant information may be restricted from public disclosure if it exposes sealed court cases, juvenile records, or affects ongoing investigations.

How To Conduct a Warrant Search in South Carolina

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

Through official online databases, such as the state's Trial Court Case Records Search platform and the South Carolina Department of Probation, Parole & Pardon Services' Most Wanted Offenders.
Directly contact the law enforcement agency and/or trial courts in the county where you believe the warrant was issued.
Utilizing reputable third-party websites like RecordsFinder may aid in warrant searches.

County Sheriff's Offices and Local Police Departments

In South Carolina, you can conduct a warrant search by contacting the local police department or sheriff's office in the county where the warrant was issued. You may visit these agencies in person since most counties do not provide warrant information online. However, the Charleston County Sheriff's Office and the Barnwell County Sheriff's Office warrant search portals allow individuals to search online for active warrants on their websites. The portal will enable you to search for active warrants by using basic information such as the first and last names of the individuals.

Are South Carolina Warrant Records Publicly Accessible?

The State's Freedom of Information Act classifies warrants as public information, which are primarily outlined between Section 30-4-10 and Section 30-4-55 of the South Carolina Code of Laws Unannotated. This act allows individuals to inspect or copy public records, including arrest warrants, upon request from the custodian of such records. To this end, you may use resources like the South Carolina Trial Court Case Records Search portal or visit the local courthouse where the warrant was issued to access these records.

You may be required to submit an official request and provide information like the name of the individual on the warrant and the approximate date or type of offense for which the warrant was issued. Fees may also apply to obtain physical copies of the warrant.

Although members of the public generally have the right to access warrant information in South Carolina, certain exemptions exist. In particular, warrants about juvenile delinquency cases, active warrants issued for ongoing investigations, and warrants that have been sealed are deemed confidential under state law and are typically restricted/redacted from a warrant search.

How Are Warrants Issued in South Carolina?

The legal framework for the issuance and execution of warrants in South Carolina is outlined in S.C. Code Ann. 17. This process ensures that individual rights are protected while also allowing law enforcement to effectively investigate and address criminal activity. To this end, specific key steps must be taken before a warrant may be issued and after it has been executed. These include determination of probable cause, judicial authorization, and proper documentation.

Probable Cause Determination

Probable cause is a critical requirement for issuing warrants in South Carolina. Before any warrant may be issued, law enforcement officers must establish "probable cause" by presenting sufficient evidence demonstrating the reasonable belief that a specific individual has committed a crime or that evidence related to a crime can be found in a particular location.

This evidence can include eyewitness accounts, physical evidence like fingerprints 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 obtaining approval for the warrant. The law enforcement officer must present the affidavit (and supporting evidence) to an authorized judicial officer, who will review it to determine if probable cause exists and all legal requirements have been followed. If satisfied, they will sign the warrant authorizing the requested action.

In South Carolina, only circuit and municipal judges, recorders, justices of the Supreme Court (in emergencies), and magistrates have the legal authority to issue warrants.

Entry into Law Enforcement Databases

Once a warrant is issued in South Carolina, it is usually entered into various law enforcement databases. The South Carolina local police departments and sheriff's offices typically use the Criminal Justice Information System (CJIS) of the South Carolina Law Enforcement Division (SLED), a statewide repository of criminal justice information.

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

While the full details of these databases are typically reserved for law enforcement use, specific (usually very limited) details may be made available to the public, usually through law enforcement and court-provided online portals.

Common Types of Warrants in South Carolina

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

Arrest Warrants: These authorize law enforcement officers to apprehend and detain a person suspected of committing a crime. Arrest warrants can be issued for both felonies and misdemeanors.
Bench Warrants: These are issued when an individual fails to comply with court orders, such as failing to appear in court or pay a fine, missing a probation hearing, or failing to comply with a sentence. Bench warrants are sometimes referred to as "default warrants".
Search Warrants: These authorize law enforcement to search a specific location for evidence of a crime. They are typically valid for 10 days from the date of issuance.
Fugitive Warrants: These are issued to capture individuals who have committed a crime in another state but are currently in South Carolina.
Governor's Warrant: These are issued to facilitate the extradition of a fugitive from another state back to South Carolina.
Conditional Discharge Warrants: These are issued in certain circumstances, such as when an individual is granted a conditional discharge for a minor offense. A warrant may be issued for their arrest if the conditions are not met.
Capias Warrants: These are similar to bench warrants but are typically used in civil cases.

Arrest Warrants in South Carolina

An arrest warrant is a court order authorizing law enforcement to apprehend and take a specific individual into custody. These warrants are issued when there is probable cause to believe that the individual (named on the warrant) has committed a crime and are typically executed as part of a broader investigation and subsequent criminal proceeding. Arrest warrants are among the most commonly issued warrants in South Carolina, and they typically remain active for 90 days from the date of issuance. If the person named in the warrant is not apprehended within this time frame, the warrant becomes inactive, and the law enforcement must obtain a new warrant.

Bench Warrants

Bench warrants are issued directly by a judge "from the bench" (in the courtroom, hence the name). These warrants are typically issued when someone fails to appear for a court date, violates probation terms, or disregards court orders, and they authorize law enforcement to detain the person and bring them before the court to address the violation. In South Carolina, a bench warrant remains active until the individual appears before the court or the warrant is recalled. Failure to comply with a bench warrant can lead to legal consequences, such as fines and imprisonment.

Search Warrants

Search warrants allow law enforcement to legally enter a specific location (such as a home, vehicle, gamehouse, or business) to search for evidence and/or seize particular items related to a criminal investigation. These types of warrants also require probable cause that the items being sought are located at the specified location and are connected to criminal activity; the warrant must also specifically describe in detail the place to be searched and the item(s) to be seized.

Search warrants are usually closely scrutinized under state and federal law (particularly the Fourth Amendment) to ensure that searches are conducted to respect individual privacy rights while supporting effective law enforcement. Also, unlike arrest and bench warrants, once a search warrant is issued in South Carolina, it must be executed and returned (to the issuing officer) within ten days.

Capias Warrants

A capias warrant is a type of bench warrant typically issued for failure to comply with a court order in a civil case. It authorizes the apprehension of defaulting individuals and remains active until the person is either apprehended, appears in court of their own volition, or the warrant is recalled by the court that issued it.

How Long Are Warrants Valid in South Carolina?

The validity of warrants in South Carolina primarily depends on the type of warrant. Typically, bench warrants do not expire and remain active indefinitely until the warrant is executed or recalled/resolved by the issuing court.

According to Section 17-13-140, search warrants are typically only valid for up to ten days after being issued. They must be returned to the court before the expiration of this timeframe, along with a report of the actions taken concerning the warrant.

It should be noted that, though arrest warrants do not expire, it has a shelf life of 90 days as outlined in Criminal Practice Rule 3. Once the warrants exceed 90 days after they are issued, they become inactive for criminal prosecution. Although the warrant still exists, the law enforcement officers must obtain a new warrant to arrest the person.

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

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

Contact local law enforcement: One way of determining if you have an outstanding warrant in South Carolina is 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. Note that some agencies might require you to make a formal request online or in person; however, you should be cautious, as confirming a warrant typically leads to immediate action.
Check court records: You may use the state's Trial Court Case Records Search platform or visit the Clerk of Circuit, Magistrate, or Municipal Court office 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 offer online access to public warrant information and may be used to search for outstanding warrants in your name. However, the completeness and accuracy of the information may not be guaranteed and should be verified with official sources.
Consult with an attorney: It is generally advisable to consult an attorney when performing a warrant search in South Carolina, especially if you suspect that there may be legal complications or the information obtained online is unclear. Attorneys are often the safest and most effective way to determine if you have an outstanding warrant and can also provide legal guidance on resolving any active warrants.

FAQ

Can Police Search Your Car Without a Warrant in South Carolina?

While the Fourth Amendment protects individuals against unreasonable searches and seizures, law enforcement can legally search your vehicle without a warrant if they have probable cause that a crime is occurring or the vehicle contains evidence of a crime.

It is important to remain calm during interactions with law enforcement officers, as you have the right to refuse consent for a search. Warrantless searches can also legally occur if you voluntarily consent to the search if an officer lawfully stops your vehicle, observes contraband or evidence of a crime in plain view inside the vehicle, or if you were arrested while driving the vehicle.

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

There is no specific timeline for issuing search warrants in South Carolina, and the time it will take to obtain one typically depends on several factors. These include the complexity of the case, the availability of an authorized judicial officer to review the warrant application, the quality of the affidavit (the completeness and clarity of the evidence provided), the completeness of the evidence, and the urgency of the situation.

In straightforward cases, law enforcement may secure a warrant within a few hours, especially if the evidence is clear and a judge is readily available. On the other hand, the process could take longer for more complex cases requiring extensive evidence review, potentially up to a few days.

However, when there is an immediate risk of evidence being destroyed or a danger to public safety, the process may be expedited, and the warrant may be issued within minutes. 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 in South Carolina typically involves law enforcement officers entering the specified premises and conducting a search for the items listed in the warrant. They must adhere to strict protocols regarding permitted areas and items they can seize, and a search warrant can be executed on a Sunday.

The officer executing the warrant must document any items collected/seized during the search, and a copy of this inventory is typically provided to the occupant of the premises or left in a conspicuous place if the occupant is not present.

If present, the occupant has the right to see the search warrant and ensure it is valid; they also have the right to legal recourse if they believe the search warrant was improperly obtained or executed. This may include filing a motion to suppress the evidence obtained. However, it is important to note that even though the occupant may observe the search, they cannot interfere (doing this puts them at risk of obstruction charges).

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, a report detailing when and how it was executed, and a list of seized items.