West Virginia Warrant Search

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

In West Virginia, a warrant search involves looking to see if there are valid and enforceable warrants issued against an individual in the state. This may be necessary if you have concerns about a pending legal matter or a past event. Interested persons may also check for outstanding warrants as part of a general background check. A successful warrant search in West Virginia typically discloses the type of warrant, why it was issued, the date of issuance, and the issuing authority.

What is West Virginia Warrant Search?

A West Virginia warrant search is typically the process of consulting concerned authorities to check for pending and enforceable warrants issued against an individual in the state. Warrants are legal documents issued by the state's judicial officials to authorize law enforcement officers to take certain actions, like arresting an individual, searching a location, or seizing an item. They are issued when there is probable cause to believe a crime has been committed, and they are public records under the West Virginia Freedom of Information Act (FOIA).

Per the same law, every person has the right to conduct a warrant search in West Virginia; however, some warrant records are exempt from public disclosure. These exempted records include juvenile warrant records, sealed warrant records, and warrants associated with ongoing investigations. The state considers them confidential. Therefore, they are only released to government authorities, record holders, and their attorneys under specific conditions or court orders.

How To Conduct a Warrant Search in West Virginia

You can conduct a successful warrant search in West Virginia via any of these options:

A physical visit or phone call to your local courthouse or the courthouse where you have a pending legal matter.
A study of the West Virginia State Police's Most Wanted List.
An online search for court records on the West Virginia Judiciary website.
An online search via reputable third-party platforms like RecordsFinder may aid in warrant searches.

County Sheriff's Offices and Local Police Departments

Every county sheriff's office in West Virginia maintains comprehensive records of all warrants issued within their jurisdictions. Similarly, local police departments manage records of outstanding warrants in their metropolitan areas. For an effective warrant search in West Virginia, you can contact the county sheriff's office or the local police department in the area where you believe the warrant was issued.

Some police departments and county sheriffs may require you to make in-person requests; however, many sheriff's offices in the state have online warrant lists on their websites. For instance, the Kanawha County Sheriff's Office provides warrant information via its Warrants Search page, while the Berkeley County Sheriff's Office maintains an online Wanted Persons List.

Are West Virginia Warrant Records Publicly Accessible?

Per the West Virginia Freedom of Information Act (FOIA), warrant records are publicly accessible, and anyone can request to inspect or copy them. However, some warrant records in West Virginia are exempt from public access to protect the safety and well-being of the holders and the integrity of an ongoing investigation or criminal procedure. They include juvenile warrant records, sealed warrants, and warrants issued for an ongoing investigation. They are only accessible to record holders, their attorneys, and the government under special conditions or court authorization.

In West Virginia, warrants are issued by judicial officials in the various courthouses. Therefore, the issuing courthouse should be your first point of call during a warrant search. You can visit the courthouse or make an online request via the court's website or records request portal, if available. Alternatively, you can conduct a records search on the West Virginia Judiciary website, which provides access to all state court records, including warrants.

For a successful warrant search in West Virginia, you should know at least the warrantee's full name, the approximate date of issuance, or the corresponding offense. You should also note that copying of warrants in West Virginia attracts a fee that varies among courts and police departments.

How Are Warrants Issued in West Virginia?

In West Virginia, warrants are issued following the state's Criminal Procedure as highlighted in Chapter 62 of the West Virginia Code. This is to ensure that warrants are issued and executed appropriately to avoid violating individual rights during criminal investigations. Per the said law, warrant issuance in West Virginia must follow the following steps: submission of a complaint, determination of probable cause, issuance by a judge or magistrate, and proper documentation.

Probable Cause Determination

Probable cause determination is a crucial threshold for warrant issuance in West Virginia. It involves reviewing a written complaint submitted by a law enforcement officer to determine whether there is enough evidence to believe that an individual committed an offence, or that evidence of a crime is present at a specific location. This process is meticulously handled by a judge or magistrate to avoid unlawful law enforcement actions, as a lack of probable cause may result in an invalid arrest or the collection of unnecessary evidence.

To aid probable cause determination, written complaints are usually made under oath, and they contain statements, physical evidence obtained during an investigation, and other credible details that constitute the offences charged.

Issuance by a Judge or Magistrate

After a successful probable cause determination, the judicial officer on duty approves the complaint and issues a warrant to authorize a legal action against the suspected offender. Notably, a judicial officer may issue multiple warrants from one sworn complaint, depending on the offense.

Also, only judges and magistrates are permitted to determine probable cause and issue warrants in West Virginia.

Entry into Law Enforcement Databases

Upon the issuance of a warrant, law enforcement officers execute the corresponding legal action following the judge or magistrate's execution instructions. After this, the warrant is returned to the issuing court and kept for future reference. The enforcing police department and sheriff's office also maintain a copy of the warrant, and a copy is sent to the Criminal Records Division of the State Police Department.

It may also be uploaded to national databases using the Law Enforcement Electronic Portal (LEEP). The National Crime Information Center (NCIC) maintains these databases, which are accessible to law enforcement agencies in all states.

Common Types of Warrants in West Virginia

The common types of warrants issued by judges and magistrates in West Virginia include:

Arrest Warrants: These are court orders issued to authorize the apprehension of an individual suspected of committing an offense.
Bench Warrants: These are warrants issued to authorize the apprehension of an individual who has violated court orders.
Search Warrants: These are warrants issued by judicial officers to authorize law enforcement officers to search a specific place for evidence of a crime.
Capias Warrants: These warrants are similar to bench warrants and are issued when an individual violates court orders in civil cases.

Arrest Warrants in West Virginia

Arrest warrants are court orders issued by judges and magistrates in West Virginia to authorize the arrest and detention of an individual on account of a committed or suspected offence. They are only issued following the establishment of probable cause based on the sworn complaint presented to the judge or magistrate. Arrest warrants in West Virginia can be executed anytime; however, the judge can limit execution to times when they are available for a hearing. Also, the issuing judge may decide to issue a summons rather than an arrest warrant if the offence is not extremely serious.

Unlike a warrant that authorizes apprehension, a summons only orders an individual to appear in court for a scheduled hearing. Nevertheless, the judge may issue an arrest warrant if the defendant misses the court hearing. West Virginia law does not require that law enforcement officers possess the issued warrant at hand while making an arrest; however, they must enlighten the arrestee on the offence charged and present the warrant upon request as soon as possible.

Arrest warrants in West Virginia usually do not expire or run out. They remain active until the individual is apprehended or the court recalls the warrant.

Bench Warrants

West Virginia bench warrants are orders issued "from the bench" or court to authorize the apprehension and detention of individuals on the grounds of contempt of court, including failure to appear at scheduled hearings, probation violations, and bail infractions. Although the contemnors may be detained for a while, the contempt is usually settled during a court hearing at the issuing court.

Bench warrants in West Virginia share the same validity period as arrest warrants; they do not expire. Rather, they remain active until the warrant is served or the issuing court recalls the warrant.

Search Warrants

In West Virginia, search warrants are legal documents issued by judges/magistrates to permit law enforcement officers to search a location, person, or vehicle and seize evidence of a crime. They are usually issued under probable cause that evidence of criminal activity is present at a particular location. West Virginia search warrants are typically specific, containing a detailed description of the desired item(s) and the area to be searched. This ensures that individual privacy rights are protected during investigative procedures under the state's law and the Fourth Amendment.

Unlike other warrants, West Virginia search warrants are only valid for ten days. Therefore, law enforcement officers must execute the warrant and return it to the court within this timeframe. Per the West Virginia Code, they can be executed anytime, during the day or at night.

Capias Warrants

In civil court settings, bench warrants are called capias warrants. Like the former, these warrants authorize the apprehension of individuals guilty of violating civil court orders regarding scheduled hearings, probation, and bail terms. Upon apprehension, the judge or magistrate must schedule a hearing within five (5) days to prevent jail overcrowding.

However, failure to appear at the scheduled capias hearing may be considered a misdemeanor, resulting in additional jail time. Notably, West Virginia capias warrants typically remain active until the violator is arrested or the issuing court withdraws the warrant.

How Long Are Warrants Valid in West Virginia?

In West Virginia, warrants are valid for varying periods, depending on the law enforcement action they authorise. For instance, arrest warrants, bench warrants, and capias warrants do not expire unless they are recalled by the issuing court or the warrant is served .

However, the underlying charges for an arrest warrant may be subject to the state's statute of limitations. This means that the offenders cannot be prosecuted or sued after a specific number of years, even though the arrest warrant is still valid. Nevertheless, offences like murder and felonies have no statute of limitations in West Virginia; offenders can be arrested and prosecuted at any time.

For search warrants, the West Virginia Code pegs the expiration date at ten (10) days from the date of issuance. Therefore, authorized officers are required to execute the search and return to the issuing court with the warrant, the seized items, and an inventory of the seized items within ten days of issuance of the warrant. After this timeline, the search warrant becomes invalid, and any search conducted will be deemed unlawful by state law.

How To Find Out If You Have a Warrant in West Virginia

You can adopt any of these methods to find out if you have an outstanding and enforceable warrant in West Virginia:

Check West Virginia court records: You can contact your local courthouse or the courthouse where you have scheduled hearings to determine if you have outstanding warrants. You can also check for issued warrants on the concerned court's website or the West Virginia Judiciary website.
Contact Local Police Departments: You can contact the records division of your local police departments or county sheriff's offices to check for active warrants issued in your name. Some West Virginia police departments also have online warrant search platforms, which you can use for effective warrant searches.
Utilize online databases: You can utilize reliable third-party websites, like RecordsFinder, to check for outstanding warrants in West Virginia. However, the completeness and accuracy of the information may not be guaranteed and should be verified with official sources.
Consult with an attorney: Before embarking on a warrant search in West Virginia, it is generally advisable to contact your attorney for guidance. Attorneys are knowledgeable about effective warrant search methods. They may also help to tackle active warrants while protecting you from legal complications.

FAQ

Can Police Search Your Car Without a Warrant in West Virginia?

Although West Virginia's laws and the Fourth Amendment protect citizens from unreasonable searches and seizures, police officers in the state can search your car without a warrant under probable cause. This may include evidence in plain view, reasonable belief that the vehicle contains evidence of a crime, or exigent conditions that need immediate action. Regardless, vehicle operators can give or refuse consent to a warrantless vehicle search in West Virginia. You can also withdraw consent at any time during the search.

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

The duration for obtaining search warrants in West Virginia varies due to certain factors, such as the urgency of the situation, the validity of the complaint, the availability of a judge/magistrate, and the complexity of the case.

In urgent or exigent circumstances where the desired evidence will likely be destroyed, a judge can issue a search warrant within minutes. Also, warrants for simple cases with visible probable cause and good complaints can be issued in minutes to a few hours, while search warrants for complex cases may take a longer duration, probably a few days.

What Happens After a Search Warrant Is Executed?

After probable cause is established, a search warrant is issued to authorize law enforcement officers in West Virginia to execute the search. The search can be executed at any time, either day or night; however, law enforcement officers are required to follow the terms of the warrant regarding the location and the desired item. Notably, search warrant executors are permitted by the state law to break into a location if the occupant opposes the search.

Upon completion of the search, the executing officers must create an inventory of seized items and leave a copy of the warrant and the inventory with the occupant of the premises. If the occupant is absent, the documents can be left at a visible spot in the searched location. Afterwards, they return to the issuing court with the seized items, the warrant, and an inventory of the seized items.

An occupant may file for the return of the seized item or suppress its use as evidence if the item is not described in the warrant, or the warrant was insufficient or unlawfully executed.