Vermont Warrant Search

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

Conducting a warrant search in Vermont involves checking whether an individual has previous, outstanding, or active court-issued warrants within the state. Warrants are typically issued when a person misses court appearances, violates probation, or is suspected of committing a crime. It is important to use trusted sources when carrying out a warrant search to ensure access to accurate and up-to-date information.

What is Vermont Warrant Search?

A warrant search in Vermont involves investigating whether an individual has a legal warrant against them issued by a court within the state. A warrant authorizes law enforcement agencies to take specific action, such as arresting a person, seizing property, or searching a premises. Warrants are generally public records as mandated by the Vermont Statutes. Interested individuals can, as such, access information through a warrant search to know whether an individual has an active warrant against them.

It is, however, important to note that some warrants have restricted access depending on the type of warrant or the sensitivity of the case. For example, when investigations are still ongoing, the warrants may not be publicly available; these are sealed warrants. Also, cases involving minors and certain domestic violence might also be restricted from public access. This is typically done to protect the integrity of the investigation and protect sensitive information.

How To Conduct a Warrant Search in Vermont

Online databases for checking warrants in Vermont are limited, but there are several other methods one can use to search for a warrant, such as:

Visiting or directly contacting the law enforcement agency and/or the trial courts in the county where you believe the warrant was issued
One can use the judiciary case portal on https://portal.vtcourts.gov/Portal to search court cases by name or docket number. Active warrants may not be directly listed, but it can show open criminal cases or missed court appearances that indicate an ongoing warrant.
Using reputable third-party websites like RecordsFinder may aid in warrant searches.

County Sheriff's Offices and Local Police Departments

Conducting a warrant search in Vermont typically involves contacting the police department or the sheriff's office of the county where the warrant was issued. Most of these agencies typically do not have warrant information displayed online, so you will have to physically visit them in person. However, the Chittenden County Sheriff's Office and the Lamoille County Sheriff's Office are among the few counties with online portals through which you can conduct a warrant search. You can also get more information by contacting the police departments of the appropriate county.

Are Vermont Warrant Records Publicly Accessible?

Warrants in Vermont are generally classified as public records as stipulated under VSA Chapter 1, subsections 315 - 320 of the Public Records Act. These laws state that any records generated, received, filed, or maintained by a government agency must be made accessible to the public upon request. Therefore, to access warrant records in Vermont, you can visit the portal of the Vermont Judiciary or request for records from the clerk of the court where the case is filed. Note that you may be required to submit an official request in which you provide the name of the individual on the warrant, the type of offense, and the approximate date when the offense was carried out. Fees may also apply for printed copies of the warrant.

Even though the law mandates that warrant information in Vermont be accessible to the public, there are some exemptions to the law. If the warrant concerns a juvenile case, a sealed case, or certain sensitive crimes, it will be marked as confidential under state law. Such warrants will typically have restricted access to them.

How Are Warrants Issued in Vermont?

The process involved in legally issuing and executing warrants in Vermont is contained in VSA Chapter 1. The law ensures that due process is followed, such that individual rights are protected while at the same time allowing effective investigation and conviction by relevant law enforcement agencies. This due process typically involves the determination of probable cause, judicial authorization, and proper documentation.

Probable Cause Determination

Establishing probable cause is an important requirement for the issuance of a warrant in Vermont. Law enforcement must be able to prove beyond a reasonable doubt before a neutral judge or magistrate that a crime has been committed and that the evidence of the crime will be found in the place or be searched or on the person to be arrested. This proof must be supported with evidence.

The evidence can include physical evidence collected during the investigation, witness statements, or information from other credible sources. The officer seeking the warrant has to submit an affidavit containing specific details about the case that they believe will establish probable cause.

Issuance by a Judge or Magistrate

Once probable cause has been established, the law enforcement officer will submit a written affidavit under oath. This affidavit contains facts establishing probable cause for a crime. The affidavit is submitted to an unbiased judge or magistrate, who will review it to determine if probable cause exists and if prescribed legal processes have been followed. If satisfied, the affidavit will be signed, and a warrant will be issued.

An issued warrant typically contains the date and time of issuance. Also, Vermont law allows electronic or telephonic communication to obtain a warrant in cases where urgency is required.

Entry into Law Enforcement Databases

After a warrant has been issued in Vermont, it will be entered into the database of various law enforcement agencies across the state. These agencies include the Vermont Criminal Justice Information Services (VCJIS), which is used at the state level by the police departments in Vermont, and the Local Records Management Systems (RMS) maintained by the sheriff's offices or police departments at the county level.

There is also the National Crime Information Center (NCIC), which is the federal database that contains warrant information on serious criminal cases so that the information is accessible to all law enforcement agencies nationwide. Vermont Court Records also contain warrant information, but typically release limited information to the public, especially for serious offenses like felonies.

Note that these databases typically only release full details to law enforcement agencies and limited information to the public.

Common Types of Warrants in Vermont

The various types of warrants in Vermont serve different purposes. Some of these types include:

Arrest Warrants: These authorize law enforcement to apprehend and detain a person suspected of committing a crime. Arrest warrants are sometimes referred to as "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 referred to as "default warrants".
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 similar to bench warrants but are typically used in civil cases.

Arrest Warrants in Vermont

An arrest warrant is a court order issued by a judge or magistrate in Vermont authorizing law enforcement to arrest a specific individual suspected of committing a crime. This is issued after probable cause has been confirmed and typically remains active until after the arrest has been made or the warrant is recalled by the issuing court.

Bench Warrants

Unlike arrest warrants, which are requested by law enforcement agencies, bench warrants are issued directly by a judge, from "the bench" (hence its name). These warrants are issued when an individual refuses or fails to appear in court or violates court orders. The judge then authorizes law enforcement to detain the individual to ensure their appearance in court. These warrants also remain active until the individual appears before the court or the warrant is recalled.

Search Warrants

Search warrants authorize law enforcement to search a specific location for evidence about a crime. These warrants ensure that searches are done lawfully, especially in compliance with the Fourth Amendment of the U.S. Constitution. Probable cause has to be established with credible facts. The applications for search warrants are usually treated with utmost care and scrutiny. The warrant must also clearly detail the exact location to be searched (address, apartment number), date and time, and the specific evidence being sought. Only the areas covered by the warrant must be searched.

In Vermont, a search warrant must be executed within ten days of issuance; otherwise, it becomes invalid.

Capias Warrants

A capias warrant is a type of bench warrant that is issued when an individual fails to obey a court order in a civil case. As with bench warrants, capias warrants remain active until either the person is arrested, shows up in court of their own volition, or the warrant is recalled.

How Long Are Warrants Valid in Vermont?

In Vermont, the expiration of a warrant will depend on the type of warrant issued. There are warrants that are time-limited, while others remain active until the reason why they are issued is resolved. Bench and arrest warrants fall into the category of warrants that remain active until execution. Arrest warrants are typically entered into state and federal databases so that any officer can act on them across jurisdictions. The only circumstance under which an arrest warrant can be invalid before execution is when the warrant is recalled.

However, search warrants in Vermont typically expire 10 days after issuance, following Rule 41 of the Vermont Rules of Criminal Procedure. A return must also be filed with the issuing court with details about the property that was seized.

How To Find Out If You Have a Warrant in Vermont

Anyone can find out if they have an outstanding warrant in Vermont by:

Checking court records: One may use the public portal of the judiciary using name, docket number, and court location to search for existing warrants. Otherwise, one can physically visit the clerk's office of the court in the county where you suspect you might have a warrant issued against you.
Contacting local law enforcement: One can call or visit the police department or the sheriff's office of the county where a warrant might have been issued against you. Many counties will confirm whether one has an existing warrant upon request, especially for misdemeanors. People are generally careful to physically confirm an existing warrant, as this might lead to immediate arrest if there is one. Some county sheriffs may also post public warrant lists on their websites so anyone can do a warrant search on the site.
Asking an attorney: A lawyer can check for active warrants on your behalf. It is also a safer manner to check for warrants issued against you because an attorney can negotiate warrant resolution without the hassle of arrest.
Using online databases: third-party platforms also offer online access to warrant information and may be used to search for outstanding or active warrants. Reputable sites like RecordsFinder offer reliable warrant search information. However, the completeness and accuracy of records may not be guaranteed and should be verified with official sources.

FAQ

Can Police Search Your Car Without a Warrant in Vermont?

Although the Fourth Amendment of the U.S. Constitution protects against unreasonable searches and seizures, law enforcement has a right to search your vehicle without a warrant under certain legal conditions. These conditions include having probable cause that your car contains evidence of a crime, lawfully arresting an individual, or a person giving consent for the car to be searched.

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

The time it takes to get a search warrant in Vermont may vary from a few minutes to a few hours, depending on the urgency of the case and the availability of the court. Routinely, for non-urgent cases, it might take a few hours between when the affidavit is prepared and when the judge signs the warrant.

However, for situations where there is an urgent need to retrieve evidence or risk losing it, the request can be made electronically or by phone so that the process is expedited. The authorization and issuance must still be done by a judicial officer, irrespective of the urgency required.

What Happens After a Search Warrant Is Executed?

Once a search warrant has been issued, the execution must be carried out within 10 days, during which a search must be carried out in strict accordance with the specifications of the search warrant. Law enforcement can only search the areas designated and seize the items described in the warrant.

Any individual whose premises is being searched has the right to demand to see the search warrant to verify it. One is also not mandated to answer questions and can demand for an attorney. Note that officers may temporarily detain people present during the search for safety and control purposes.

All seized items must be properly documented and filed with the court. The officers must also return the warrant to the issuing judge with a written inventory of the items that were seized.