Wisconsin Warrant Search

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

Whether you're checking for your peace of mind or looking up public records, Wisconsin offers accessible ways to find out if someone has an active warrant. This quick search, which may be done for several reasons, can reveal the type of warrant, when it was issued, and the issuing agency.

What is Wisconsin Warrant Search?

A warrant search in Wisconsin is a process of looking up official records to determine if an individual has a warrant issued in their name. These warrants are typically issued by a court and enforced by local, county, or state law enforcement agencies. Keep in mind that Wisconsin warrant records are considered public records per state law; as such, interested parties can access warrant information through a warrant search to determine whether a person is subject to an outstanding warrant.

Nonetheless, it should be noted that there are important exceptions. Warrants relating to juvenile cases, sealed court records, or ongoing investigations are generally inaccessible to the public. Additionally, information concerning ongoing investigations or prosecutions is usually restricted, especially if making it public could compromise a case or put an individual at risk.

How To Conduct a Warrant Search in Wisconsin

If you're looking to check for active warrants in Wisconsin, you have several reliable options, like:

Through official online platforms, like the Wisconsin Circuit Court Access (WCCA) and the Wisconsin Department of Justice webpage.
Directly contacting the county police departments or trial courts in the county where the warrant was presumably issued.
Using third-party search platforms such as RecordsFinder may aid in warrant searches .

County Sheriff's Offices and Local Police Departments

To conduct a proper warrant search in Wisconsin, you might need to contact the local police departments or the county sheriff's office where the warrant was issued. Be aware that while you may need to visit these agencies in person, some counties offer online services. Therefore, contacting these counties' online platforms provides updates on active or outstanding warrants issued in their respective jurisdiction.

Are Wisconsin Warrant Records Publicly Accessible?

Wisconsin's public records laws generally grant access to warrant records. Specifically, the Wisconsin Public Records Law (Wis. Stat. §§ 19.31-19.39) empowers individuals with the right to inspect or obtain copies of public records, and this includes warrant records held by government agencies. To this end, interested parties may use available options such as the Wisconsin Department of Justice Open Records page to access these records or visit in person the local courthouse where the warrant was issued.

When you are accessing warrant records in Wisconsin, you may be required to submit an official request (email, online forms, or written request), including details like the name of the individual on the warrant and the approximate date or type of offense for which the warrant was issued. Also, fees may apply to obtain physical copies of the warrant.

However, certain records are considered redacted in Wisconsin. Warrant records involving juvenile records, ongoing investigations, and federal warrants are deemed confidential, as such cannot be accessed by interested parties.

How Are Warrants Issued In Wisconsin?

Chapter 968 of the Wisconsin Statutes outlines the issuance and execution of warrants in Wisconsin, as the process of issuing a warrant involves a series of legal steps. This ensures that individual rights are protected while allowing law enforcement agencies to investigate and address criminal activities effectively. As such, certain lawful 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

This is the most important step in issuing a warrant in Wisconsin. Be aware that before any warrant is issued, law enforcement agencies must establish probable cause by presenting sufficient evidence or facts to support a reasonable belief that a crime has been committed and that the individual named in the warrant is involved.

This evidence can include physical evidence, witness statements, and data collected during an investigation. As such, the officer seeking the warrant generally 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 is established, the law enforcement officer will have to present the affidavit to an authorized judge or magistrate, who will review the affidavit and supporting documents. If the judge agrees that probable cause exists, they will issue the appropriate warrant.

Be aware that in Wisconsin, both municipal judges and circuit court judges have the authority to issue warrants, depending on the jurisdiction and severity of the alleged offense.

Entry into Law Enforcement Databases

In Wisconsin, once a warrant is issued, it is entered into various law enforcement databases so that law enforcement officers across different jurisdictions can be made aware of it. This typically includes Transaction Information for Management of Enforcement (TIME), which typically serves as a statewide database used by police departments, and the Wisconsin Criminal Information Bureau (CIB), which is a statewide repository of criminal justice information.

It is worth noting that, depending on the nature of the warrant and underlying offense, the information may also be entered into the National Crime Information Center (NCIC), which is a nationwide system maintained by the FBI that helps identify individuals with outstanding warrants across state lines.

Even though detailed information on these databases is generally reserved for law enforcement use, certain details may be shared, usually through law enforcement and municipal online portals.

Common Types of Warrants in Wisconsin

Each warrant in Wisconsin has its purpose, legal process, and implications. As such, knowing the type of warrant involved helps you better understand what it means and what actions are necessary. Listed below are some of the types of warrants in Wisconsin:

Arrest Warrants: These warrants, which are sometimes called straight warrants, authorize law enforcement agencies to apprehend and detain an individual suspected of committing a crime.
Bench Warrants: These are issued by a judge for someone who has failed to appear in court, disobeyed a court order, or refused to pay court-ordered child support. They are sometimes referred to as default warrants.
Search Warrants: These warrants permit law enforcement agencies to search a specific location for evidence related to a crime.
Governor's Warrants: These are issued to authorize the extradition of a fugitive to another state.
Capias Warrants: These are warrants generally used in civil cases. They are similar to bench warrants.

Arrest Warrants in Wisconsin

An arrest warrant is a legal document issued by a judge or magistrate that gives law enforcement the authority to arrest a specific person when probable cause has been established. In Wisconsin, arrest warrants play a crucial role in the criminal justice system by helping to keep things lawful, fair, and organized. Additionally, interested parties can find information about active arrest warrants on several county sheriff's office websites.

Bench Warrants

A bench warrant is typically issued when someone fails to appear in court as required. Common reasons for Bench warrants in Wisconsin include missing a court date, failing to pay court fines, and violating probation conditions. Be aware that bench warrants originate directly from the court (or "bench") and are often handled quickly by law enforcement once issued.

Search Warrants

A search warrant gives law enforcement the legal right to search a specific location, like a home, car, or business, for evidence of a crime. Officers must clearly describe what they're looking for, where they plan to search, and why they believe evidence will be found there. In Wisconsin, search warrants are taken seriously to protect people's rights under the Fourth Amendment and to preserve the proper conduct of the investigation.

Keep in mind that under Wisconsin law, warrants generally have to be executed within 5 days and during daylight hours - unless the judge specifically allows a nighttime search. However, in urgent situations, like when there is a risk that evidence could be destroyed, law enforcement agencies may be allowed to search without a warrant.

Capias Warrants

A capias warrant is issued when someone has failed to comply with a court order, such as not paying court-ordered child support, ignoring a summons or subpoena, or failing to complete court-mandated programs. Capias warrants are often used in civil or family court matters and can result in the person being taken into custody until they satisfy the court's demands.

How Long Are Warrants Valid in Wisconsin?

Even though most warrants in Wisconsin do not expire, once issued by a judge, they stay active until executed or canceled by the court, or satisfied in some other legal way, like compliance with a court order. However, search warrants in Wisconsin are usually valid for up to five (5) days after being issued. During that time, law enforcement must search and return the warrant to the court with a detailed report of what has been done. As such, it is important not to confuse the statute of limitations for a crime with the validity of a warrant.

While arrest warrants do not expire in Wisconsin, the underlying criminal charges are subject to statutes of limitations as outlined in Wisconsin Statutes Chapter 939, Section 74. This statute specifies the time limits within which prosecutors must file charges, varying based on the severity and nature of the offense.

Keep in mind that if the statute of limitations expires before charges are filed, the case cannot proceed, even if an arrest warrant was previously issued. Additionally, arrest warrants issued for certain serious offenses like murder are usually not affected by this.

How To Find Out If You Have a Warrant in Wisconsin

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

Contact local law enforcement: The Clerk of Courts in the county where the case originated can provide information about whether an active warrant exists . They often have access to records that may not be online, as some counties even accept public records requests via email or in person. Also, local law enforcement agencies maintain up-to-date warrant records. You can call or visit your county's Sheriff's Office to inquire about cases where there are active warrants under your name. Be aware that while some counties require in-person visits to access these records, some offer online services.
Check court records: The fastest way to check for you to check warrants is through the Wisconsin Circuit Court Access (CCAP). This online platform allows you to search court records by name, case number, or county.
Utilize online databases: Third-party search engines such as RecordsFinder offer online access to public warrant records 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.
Hire an Attorney: Whether you are concerned about how to handle an active warrant or want help turning yourself in, a Wisconsin attorney or bail bondsman can assist you. Attorneys are generally the safest and most effective way to determine whether a warrant exists and can also guide you legally through the best way to resolve any active warrants.

FAQ

Can Police Search Your Car Without a Warrant in Wisconsin?

Wisconsin police officers can legally search your car without a warrant under certain legally recognized circumstances. One of the most common exceptions is probable cause. If an officer reasonably believes that your vehicle contains evidence of a crime, they are allowed to search without first obtaining a warrant.

Similarly, without a warrant, a consent search is possible. If you voluntarily give permission, law enforcement may search your vehicle without further legal steps. This allows officers to seize evidence without a warrant if it is visible outside the car. Additionally, if you are arrested, officers may search your vehicle as part of the arrest process, especially if they believe it contains evidence related to the offense.

While these exceptions exist, it is within your rights to ask why a search is being conducted and whether you are legally required to comply.

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

The time it takes to obtain a search warrant in Wisconsin depends on several key factors. In some cases, the process can be completed in a few hours, especially when a judge or magistrate is readily available and the warrant application, including the affidavit and supporting documents, is clear and concise. However, if a case is more complex or the courts are busy, it may take longer, up to a few days.

Nonetheless, if there is an immediate risk to public safety or a risk that important evidence might be destroyed, law enforcement may request a warrant on an expedited basis. Even in urgent situations, a warrant must be signed by a judge or another authorized judicial officer, regardless of the urgency.

What Happens After a Search Warrant Is Executed?

Once a search warrant has been issued and executed in Wisconsin, law enforcement is required to follow a structured process. Officers will conduct the search based strictly on the details outlined in the warrant. This means they can only search the specific areas and seize the items mentioned in the document.

If you are present, as an occupant of the premises, during the search, the officers should show you a copy of the warrant before beginning. If you are not there, a copy is generally left at the premises, along with an inventory listing any property or evidence collected during the search.

Following the execution of the warrant, officers are required to return it to the court that issued it, along with a report detailing how and when the search took place and what was seized.

Keep in mind that if you believe the search was unlawful - if officers exceeded the scope of the warrant or failed to follow proper procedure - you have the right to challenge it in court. This is usually done by filing a motion to suppress the evidence gathered during the search.