Arkansas Court Records
Arkansas Warrant Search
Arkansas warrants are official documents authorizing law enforcement officers to detain an individual or search their property. The relevance of warrant searches lies in their ability to ensure public safety, uphold the Arkansas Rule of Law, and facilitate the execution of justice.
Warrants are issued when law enforcement or judicial authorities have probable cause to believe that a crime has been committed, and they need to take specific actions to investigate or apprehend a suspect. By conducting an Arkansas warrant search, law enforcement can locate individuals wanted for arrest. Similarly, a warrant search can provide the public with information about an individual's Arkansas criminal history and tendencies.
In Arkansas, state and local law enforcement agencies are responsible for issuing and executing warrants and processing warrant search requests. This includes local police departments, county sheriff's offices, or the Arkansas State Police, depending on the nature of the warrant and the jurisdiction in which it was issued.
Are Warrants Public Records in Arkansas?
Yes. In Arkansas, warrants are generally considered public records, and their accessibility is governed by state law.
Under the Arkansas Freedom of Information Act (FOIA), members of the public have the right to access a wide range of government records, including warrants, unless a specific exemption applies. However, there are limitations or restrictions on the accessibility of certain warrant information. Specifically, details pertaining to an ongoing investigation or information whose disclosure would jeopardize the safety of the individuals involved are restricted from public access.
Types of Warrants in Arkansas
There are four types of warrants in Arkansas: arrest warrants, bench warrants, search warrants, and body attachments.
Arkansas arrest warrants are issued when there is probable cause to believe a person has committed a crime or violated a court order. An arrest warrant must be based on an affidavit or testimony that provides sufficient facts and details to justify the warrant. Arrest warrants must also specify the name of the arrestee, the offense charged, and the amount of bail, if any. In Arkansas, an arrest warrant can be executed at any time and place unless a misdemeanor warrant specifies a certain time or place for execution. It is cleared by arresting the person, posting bail, or appearing in court.
Bench warrants are issued when a person fails to appear in court as required by a summons, subpoena, or court order. An Arkansas bench warrant can also be issued when a person fails to comply with the conditions of probation, parole, or a suspended sentence.
Search warrants are issued when a judge or magistrate finds probable cause that evidence of a crime may be found in a particular place. They authorize the police to search the area and seize any evidence.
Body attachments are issued when a person owes child support or has failed to pay a fine, fee, or restitution ordered by the court. A body attachment is similar to a civil arrest warrant but not based on a criminal charge. A body attachment must be based on a court order that shows that the person has failed to pay the amount due and that the person has been given notice and an opportunity to be heard. It must also specify the name of the person to be arrested, the amount owed, and the amount of bail, if any.
What is a Search Warrant in Arkansas?
In Arkansas, a search warrant is official authorization to search a designated location in pursuit of evidence related to a criminal activity. They ensure that searches happen with the approval and supervision of the judiciary.
To obtain a search warrant, Arkansas law enforcement agencies must convince a judge or magistrate that there's evidence related to a crime at that location. Probable cause is further strengthened by a detailed written statement (affidavit) or speaking under oath (sworn testimony) in requesting the search warrant.
The process is initiated with law enforcement officers presenting their case to the judge, who then reviews the information to ascertain whether sufficient probable cause exists. If the judge is satisfied, they issue the search warrant, outlining the location to be searched and the specific items or evidence sought, often setting a timeframe for execution per the Arkansas Criminal Procedure Manual.
How Long Does It Take to Get a Search Warrant?
If a police officer in Arkansas has sufficient probable cause to justify their request for a search warrant, they can get a warrant in about an hour or two. However, for more complicated cases, it might take longer. To ask for the warrant, the officer has to create a document called a "duplicate original warrant" and read it exactly as it's written to a judge. The judge will then decide to authorize the warrant based on what the officer says. After getting the warrant, the police must use it within 10 days unless otherwise specified.
What is an Arrest Warrant in Arkansas?
An Arkansas arrest warrant is an official authorization to apprehend and detain persons suspected of a crime. To obtain this writ, law enforcement officials must establish probable cause and present a sworn affidavit arguing the arrestee's involvement in said crime.
Arrest warrants outline the defendant's information, specify the crime committed, and, in some cases, specify how the arrest should happen.
Arrest Warrant Lookup in Arkansas
In Arkansas, there are different ways to perform an arrest warrant lookup, depending on the level of the warrant:
- For statewide warrants, visit the Arkansas Crime Information Center website, which allows individuals to search for active warrants by name. This service requires a fee of $22 per search and provides information on warrants issued by Arkansas state courts or agencies.
- Contact the county sheriff's office where the warrant was issued or where the person resides for county-level warrants. Some counties, such as Benton, Washington, Faulkner, and Saline, have online databases or search engines that allow the public to access warrant information for free. Other counties may require a phone call, email, or visit the sheriff's office to request a warrant lookup.
- For municipal warrants, contact the police department or the city or town municipal court where the warrant was issued or where the person lives. Some municipalities may have online portals or resources that provide warrant information, while others may require a personal inquiry or a formal request.
- For personal records, request a 'criminal record and outstanding warrants search' from the Arkansas State Police Information Bureau. This can be done by filling out the Arkansas State Police Form 122, which requires the subject's name, address, birth date, social security number, and driver's license number. This service also requires a fee of $25 per request and provides information on warrants issued by any Arkansas state or local authority.
How to Find Out If You Have a Warrant in Arkansas
To find out if you have an active warrant in Arkansas, employ any of the following means:
Inquirers may utilize the online search feature on the Arkansas Crime Information Center's website. This platform enables individuals to examine statewide records, encompassing arrest warrants, bench warrants, and more. Additionally, requesters can navigate local law enforcement agency websites such as Benton County Warrants for county-specific warrant searches.
Alternatively, inquirers may visit the local police station or sheriff's office to conduct a warrant search. However, requesters must present identification and potentially pay a fee for the service. Searchers may also go to the court clerk's office of the court that issued the warrant and request a copy of the warrant or the warrant application.
Interested persons may also call the local law enforcement agency or the court that issued the warrant and ask if there is an active warrant under their name. Individuals should keep in mind that this method may only sometimes be reliable or accurate, as some agencies may not disclose warrant information over the phone or may require individuals to verify their identity.
Free Warrant Search in Arkansas
Members of the public seeking a free warrant search in Arkansas may visit the local police station or sheriff's office and ask to perform a warrant search. However, in-person inquirers risk immediate detention if they have an active warrant.
Alternatively, requesters may search online through the Arkansas Crime Information Center's website, which allows individuals to search for active warrants by name. However, this website may not have the most updated or accurate information, as it depends on the reporting of the issuing agencies.
Inquirers may also consider using a third-party website that provides warrant search services. These websites may charge a fee for their services but offer more comprehensive information from various sources. However, these websites are not affiliated with the government and may not be subject to the same laws and regulations regarding privacy and accuracy.
How to Find Out If Someone Has A Warrant Online
To find out if someone has a warrant in Arkansas online:
Search Local Law Enforcement Agency Websites
Inquirers may visit the website of the local law enforcement agency that issued or executed the warrant. For example, one can check the county sheriff's office website to find a warrant list or search engine that allows them to enter the name of the person they are looking for.
Search Statewide Warrant Search System
Alternatively, use a statewide warrant search system covering multiple jurisdictions and agencies. Third-party websites usually provide these systems that aggregate public records from various sources.
How Long Do Warrants Last in Arkansas
There are different rules governing the validity and expiration of warrants in Arkansas.
Per the Arkansas Rules of Criminal Procedure, a search warrant is valid for 60 days but can be reissued if probable cause persists. If not served in a reasonable time or if the location to be searched changes, the warrant becomes invalid.
An arrest warrant has no specific expiration date and remains active until the person is arrested, appears in court, or dies. No statute of limitations exists, but the issuing officer can recall or quash it under certain conditions. Bench warrants follow a similar pattern, remaining in force until the person appears in court or is arrested.
Body attachment warrants do not have an expiration date, staying active until the individual adheres to the court order, is arrested, or appears in court. The issuing judge can recall or quash these warrants for diverse reasons. Certain exceptions apply, with judges having the discretion to make a body attachment warrant permanent, particularly in specific civil cases. The regulations for failure-to-appear warrants in criminal cases may differ, contingent on the charges' seriousness and the court's jurisdiction.