What Is an Outstanding Warrant and How Can You Check if You Have One?
Table of Contents
- South Dakota Warrant Search
- What is a South Dakota Warrant Search?
- How To Conduct a Warrant Search in South Dakota
- Are South Dakota Warrant Records Publicly Accessible?
- How Are Warrants Issued in South Dakota?
- Common Types of Warrants in South Dakota
- How Long Are Warrants Valid in South Dakota?
- How To Find Out If You Have a Warrant in South Dakota
- FAQ
South Dakota Warrant Search
Conducting a warrant search in South Dakota entails looking up a person to see if they have any outstanding warrants issued against them. The information found in a search might come with the name and birth date of the individual, their offense, charge, and bond information, and court information. You may need to carry out a warrant search to vet someone or generally carry out some due diligence.
What is a South Dakota Warrant Search?
Warrant search in South Dakota is the act of checking to see if someone has any warrants that have been issued and/or executed inside the state. Warrants are legal documents that are issued by judges that authorize law enforcement officers to perform specific activities related to the administration of justice, such as carrying out a search, seizing property, or making an arrest.
As stipulated in South Dakota Codified Code § 1-27, Warrants are typically public records accessible by the general public, however, certain types of warrants are exempt from public access. These include warrants that are sealed by the courts, warrants for juveniles or those being used in an ongoing investigation, such as arrest warrants that are yet to be executed.
How To Conduct a Warrant Search in South Dakota
There are several options available to anyone looking to conduct a warrant search in South Dakota:
- You may use the Public Access Record System (PARS), which is a central online database run by the South Dakota Unified Judicial System.
- You may also contact the following law enforcement agencies:
- the local sheriff's offices in different South Dakota counties,
- South Dakota task force of the US Marshal,
- the Division of Criminal Investigation (DCI),
- The South Dakota Department of Corrections.
County Sheriff's Offices and Local Police Departments
In South Dakota, you can perform a warrant search by calling the local police department or sheriff's office in the county where the warrant was issued. You will need to visit these agencies in person because most counties do not provide warrant information online, However, some agencies like the Minnehaha County Sheriff's Office and the Pennington County Sheriff's Office have lists of wanted people with outstanding warrants issued in their respective jurisdictions on their official websites. For more information, you can contact the relevant law enforcement agency.
Are South Dakota Warrant Records Publicly Accessible?
South Dakota warrant records are publicly available as stipulated in the state's FOIA laws, specifically the Sunshine Laws. Anyone may request public records, regardless of their physical form, without a statement of purpose. The Sunshine Law does not impose any limitations on the use of records or impose a time limit on response; however, some records are exempt from this law, such as warrants on juvenile records, sealed records, or ongoing investigations.
You may conduct an arrest warrant search in South Dakota by accessing the Public Access Record System (PARS), a central database maintained by the South Dakota Unified Judicial System. You can use the subject's name or birthdate to look for outstanding warrants, regardless of whether you want to sign up for the service or search as a guest. Additionally, you can perform "State" or "FBI" checks in the state using the Identification Section of the South Dakota Department of Criminal Investigation (DCI) portal.
There are certain exemptions outlined in the South Dakota Code that may restrict access to warrants. For example, arrest warrants that are yet to be executed are not publicly available. There may be further exemptions for warrants that have been sealed or deleted from a person's record.
How Are Warrants Issued in South Dakota?
In South Dakota, search warrants are initiated by law enforcement agencies or officials who submit an affidavit to the magistrate. The official then issues a warrant specifying the property that is slated to be searched or seized, or identifying the person to be arrested. The judge must be convinced that sufficient grounds to apply for a warrant exist, or there is a reasonable level of suspicion to justify seeking a warrant. This warrant needs to be executed within ten days and served at daytime unless the issuing magistrate expressly allows it to be executed at night.
Probable Cause Determination
Probable cause simply refers to reasonable legal grounds that call for a warrant. It is an essential prerequisite for issuing warrants. Law enforcement officials must first establish "probable cause" before they can issue a warrant.
This could include witness testimony, physical evidence acquired during an inquiry, or other reliable information. The officer requesting the warrant normally has to submit an affidavit explaining the facts and circumstances that they feel show this probable cause.
Issuance by a Judge or Magistrate
The next stage is getting the warrant approved. The officer must bring the affidavit, together with any supporting documentation, before an authorized magistrate. The magistrate will sign the warrant approving the desired action if they are satisfied. The legal power to issue warrants in South Dakota rests with magistrates.
Entry into Law Enforcement Databases
A warrant is typically added to several law enforcement databases after it is issued in South Dakota. The Public Access Record System (PARS), a central online database operated by the South Dakota Unified Judicial System, is one such database. The information may also be added to national databases kept up to date by the National Crime Information Center (NCIC), which are available to law enforcement authorities nationwide, depending on the kind of warrant and the underlying charge.
While certain information may be made public through internet portals given by law enforcement and the courts, the complete details of these databases are normally restricted to law enforcement.
Common Types of Warrants in South Dakota
In South Dakota, you can find different types of warrants serving various purposes. The common types of warrants found in the state include:
- Arrest Warrants: Also called straight warrants, these provide law enforcement with the power to find and hold someone who is accused of committing a crime.
- Bench Warrants: These are issued when someone disobeys court instructions, such as skipping a probation hearing, not paying court-mandated child support, or failing to show up for court as scheduled.
- Search Warrants: These give law enforcement the right to look for evidence of a crime in a particular area or property.
- Fugitive Warrants: These are issued by a state when the suspect is thought to be within the local jurisdiction of another state.
- Governor's Warrants: These are issued by the governor's office and allow for the arrest and return of a suspect who has committed a crime in another state.
Arrest Warrants in South Dakota
An SD arrest warrant is considered an authorization to detain specific suspected individuals. Judges or magistrates issue these warrants, allowing law enforcement to detain and arrest someone they suspect of committing a crime. Most of the time, police enforcement must deliver the magistrate or judge proper evidence that demonstrates probable cause that the defendant committed a crime. It is one of the most issued warrants in South Dakota, which is usually valid until the issuing court executes it or recalls it.
Bench Warrants
This is a variant of the arrest warrant. When a suspect commits infractions, the judge will typically issue a bench warrant from the bench. Breaking the conditions of their parole or probation, which may include committing new crimes, testing positive for drugs, or skipping court dates. This warrants authorizing law enforcement to detain the subject and bring them before the court to address the violation.
Search Warrants
A search warrant is a legal document that authorizes a specified location to be searched and the item or items to be taken to look for evidence of a specific crime. The purpose of a search warrant is to give law enforcement the right to look for proof of a particular crime at a specified location. If the judge determines there is probable cause to think there is such evidence, the warrant is issued. Issuance is based on information provided by law enforcement in the form of a signed affidavit.
Search warrants are rigorously examined under both state and federal law, including the Fourth Amendment. This is to guarantee that searches are carried out in a way that respects individual privacy rights and supports efficient law enforcement
Capias Warrants
A Capias Warrant is issued when an individual is found guilty through a court appearance, plea, or incarceration and does not pay a fine or fulfill certain requirements within the allotted time. Judges issue a capias warrant, which gives law enforcement the power to detain a person until they are able to appear in court. Making the payment in full or being released after serving time, that is, staying in jail until sufficient jail credit has been accrued, are the only ways to get a Capias Warrant resolved.
There are two types of capias warrants - capias pro fine and civil capias. Capias pro fine is related to criminal cases, while civil capias is used in civil cases.
How Long Are Warrants Valid in South Dakota?
In South Dakota, the duration of a warrant's validity is based on its nature and the circumstances surrounding its issuance. In South Dakota, warrants typically never expire. In particular, bench and arrest warrants frequently remain in effect until law enforcement serves or executes them. Search warrants are valid for ten days. During this time, law enforcement officers are allowed to search through the chosen property. The search warrant is void after the specified amount of time has passed, and police officers are required to cease all searches.
Even if some warrants never expire, the statute of limitations on the crime may have a time limit. The statute of limitations for all misdemeanors in South Dakota is seven years. The statute of limitations for the majority of felonies is seven years. However, there are no statutes of limitations for Class A, Class B, or Class C felonies.
How To Find Out If You Have a Warrant in South Dakota
In South Dakota, anyone who wants to know if they have a warrant out for them should get in touch with any of the state's courts or law enforcement agencies, either in person or online. You can use online tools like the South Dakota Department of Criminal Investigation (DCI) or the Public Access Record System (PARS) to look for active warrants on yourself.
Additionally, you may also visit the local courthouse or the county website to learn more about any warrants that are active within South Dakota counties. Inquirers who visit local law enforcement authorities to inquire about warrants run the danger of being arrested if a warrant for their arrest is found.
FAQ
Can Police Search Your Car Without a Warrant in South Dakota?
Per the South Dakota Constitution - Article 6, Section 11, motor vehicle searches done without a warrant are generally prohibited by law. The U.S. Supreme Court has determined that a search warrant is required anytime a person has a "legitimate expectation of privacy" in the thing or location to be searched. To determine this privacy, two questions have to be answered:
- Was it subjectively assumed that the location under search would be private?
- Was it objectively reasonable to expect this privacy?
Nonetheless, in certain situations, police can search your vehicle legally without a warrant:
- Probable Cause: The police can only search vehicles in locations where they have probable cause to discover unlawful activity. Police have the legal right to search your car, including the trunk and any containers that might be carrying illegal goods.
- Consent: If you permit a police officer to search your car, they can do so without a warrant. You should make it clear to the police that you do not consent to a search of your car without a warrant, but do it courteously.
- Plain View: Police do not need a warrant to search your car if they have reasonable suspicion that you have committed a crime based on what they see or smell.
- Search Incident to Arrest: Police may search your vehicle after you have been placed under custody to make sure that no weapons or anyone who could endanger the officer is present.
How Long Does It Take to Get a Search Warrant in South Dakota?
There are no deadlines for when a warrant can be issued. The issuing magistrate, law enforcement, and probable cause will all affect how long it takes to obtain a search warrant. Factors that could affect how long it takes to get a warrant include whether said warrant is a standard or emergency warrant, and any delays based on court availability.
What Happens After a Search Warrant Is Executed?
While carrying out a search warrant, an officer may break into any building, structure, container, or item within it if, after providing notice of their authority and purpose, they are denied entry. Furthermore, an officer may break into any building, structure, container, or item within it in order to free an individual who has entered to assist him in carrying out a search warrant and is being held there, or when necessary for his own release.
There is a lack of information regarding the treatment of evidence recovered during a search. But generally speaking, it goes through a chain of custody that includes being collected and stored at the searched property, possibly being used in court, and then either being returned to the owner or being destroyed once the case is over.
The attorney general is required to publish a report about seized property. This report is an itemized list of all the property seized and forfeited for the previous fiscal year on a searchable public website.
