Missouri Warrant Search

Missouri Warrant Search is a method of finding outstanding warrants issued by a court or a judge in the state. A warrant is a legal document that authorizes law enforcement officials to make an arrest or search a person or property.

The Missouri courts issue warrants for various reasons, such as when a defendant's failure to appear in court, suspicion of criminal activity, or as part of an ongoing investigation.

By conducting a warrant search in Missouri, individuals can determine whether there is an active warrant against them and take appropriate legal action. There are several ways to perform this search, including online resources and contacting local law enforcement agencies.

During a state warrant search, the information that it can reveal may vary depending on the resources used, but it will typically include the following:

Name and aliases of the warrant subject
Date of birth
Charges warranted
The issuance date of the warrant
The warrant-issuing jurisdiction
Bond amount (if applicable)

In some cases, online databases may also provide a physical description of the individual, such as their height, weight, and hair color.

The Missouri Sunshine Law, the state's open records law, provides access to public records and meetings. It includes access to court records and proceedings, which may contain information about warrants issued in the state. As a result, this information is publicly accessible to anyone who requests it, subject to certain restrictions and exemptions.

How Long Does a Warrant Stay Active in Missouri?

The duration for which a warrant remains active depends on the type of warrant, but generally, there is no expiry date for most Missouri warrants. Unless the subjects of these orders are apprehended, the courts recall them for whatever reason, or the offenders die, these warrants stay in effect.

In Missouri, most warrants do not have an expiration date, though search warrants often have a validity date. The law enforcement officers must execute this warrant within a specific timeframe, usually for ten days. If they fail, this writ becomes invalid and cannot be used to conduct a search or seizure.

An active warrant in Missouri may have severe consequences for an individual's life. For example, it can impact a person's ability to get a bank loan or credit. Several financial organizations undertake customer background checks, and an outstanding warrant may be a red signal.

In addition, prospective employers often do background checks, and a warrant might impair one's employment.

Given these potential repercussions, persons should handle a warrant as quickly as feasible rather than wait. Waiting for a warrant to expire is not viable as it may remain active indefinitely.

What Are the Most Common Warrants in Missouri?

If you're conducting a Missouri Warrant Search, it's crucial to understand the different types of warrants you may encounter.

The Missouri courts issue warrants for various purposes, and each can have significant implications for the individuals involved. Understanding the different warrant types allows you to navigate the legal system more effectively and better protect your rights.

Here are the most common warrants issued in Missouri and insights into their uses and implications:

Missouri Arrest Warrant

Arrest warrants are a critical tool used by law enforcement agencies in Missouri to apprehend individuals suspected of committing a crime. These legal documents are issued by a judge or magistrate, authorizing officers to arrest and detain the individual named in the warrant.

The issuance of an arrest warrant follows strict legal procedures and is subject to judicial oversight to protect the rights of the accused. It requires a law enforcement officer to submit an affidavit to a judge outlining the evidence supporting a probable cause that the individual committed a crime.

Probable cause is a legal term that refers to the minimum amount of evidence required for a judge to issue a warrant. The affidavit must provide sufficient information to enable the court to determine probable cause independently.

Once a judge or magistrate reviews the affidavit and determines that probable cause exists, they will issue an arrest warrant. The warrant must include the arrestee's name, a description of the crime suspected of being committed, the presiding judge's name and signature, and the issuance date and jurisdiction.

Can Missouri Police Officers Arrest You Without a Warrant?

Under Missouri Revised Statutes (RSMo) section 544.216, police officers can make warrantless arrests if probable cause exists that an individual commits a crime or witness the individual violating any state laws. However, there are exceptions to this rule. Municipal officers in unincorporated areas are not granted this power and must rely on county law enforcement.

Police officers in Missouri may also perform an arrest without a warrant if the suspect is fleeing the scene of a crime or trying to elude arrest.

Though Missouri police officers can execute the warrantless arrest, RSMo section 479.360 states that municipal authorities cannot hold individuals in custody for more than 24 hours without a warrant.

In addition, if law enforcement officers fail to present the defendant to a judge, they must release them within 48 hours of being arrested for traffic violations or 72 hours for any other offense.

Missouri Search Warrant

Search warrants are an essential tool used by law enforcement officials in Missouri to search private property for evidence of criminal activity.

To obtain a search warrant in Missouri, law enforcement officers must present their case to a judge or magistrate. This case must include information that establishes probable cause, such as witness statements, physical evidence, or other information that suggests there's a commission of a crime.

The issuance of search warrants in Missouri is subject to strict guidelines. As per RSMo section 542.271, magistrates or judges may only issue search warrants for specific reasons, such as the following:

Search for stolen property
Search for felony arrest warrant holders
Search and seizure of corpses or fetuses
Search and rescue of an abducted individual
Search for manufacturing property that violates state laws
Property seizure by any state legislation

Once the court issues this warrant, law enforcement officers may search the specified location and seize any items related to the crime.

Missouri search warrants last ten days from the date of issuance. Once executed, the law enforcement officer must return the warrant to the judge and provide a report detailing the date and time, manner of execution, any items or property seized, and the owner's name.

This report must also include an inventory receipt, mandated by RSMo section 542.291. The inventory receipt serves as a record of the items seized during the execution of the warrant and helps to ensure that the law enforcement officers searching are held accountable for their actions.

Lastly, the exclusionary rule can exclude evidence obtained during the search if law enforcement officers execute an invalid search warrant.

What Constitutes an Invalid Missouri Search Warrant?

In Missouri, certain circumstances may render a search warrant invalid, and the court may exclude any evidence obtained during the search from the trial.

As per RSMo section 542.276, a warrant is unlawful in Missouri if a judge or magistrate does not verify its purpose before issuing it. It happens if the judge or magistrate issuing the warrant does not have sufficient evidence to establish probable cause.

In addition, if a court grants a warrant outside of the judge's jurisdiction, the warrant is illegitimate. It also becomes null and worthless if it contains an expiration date and the law enforcement officer fails to execute the action within the specified time frame.

The lack of specificity in the language of a search warrant is another reason why it may be invalid. Missouri law requires search warrants to specify the place to be searched and the items to be seized. It becomes invalid if it is too broad or vague.

Lastly, a search warrant may be invalid if law enforcement officers fail to follow the proper procedures when executing the warrant. For example, the warrant may become invalid if they did not knock and announce their presence before entering the property unless it relates to a violent felony offender who will flee or harm others.

Missouri Bench Warrant

Bench warrants are a frequently encountered type of warrant when conducting a Missouri Warrant Search.

A bench warrant is a court-issued order that directs law enforcement officials to arrest an individual who failed to comply with a court summons. Generally, a Missouri bench warrant includes the name of the person to be apprehended, the date and county of issue, and the indictment charge.

Several reasons may prompt the issuance of a bench warrant in Missouri. These include failing to appear in court for a scheduled hearing, violating the terms of probation, or failing to pay fines or restitution as ordered.

It is essential to understand that a bench warrant has no expiration date. The warrant will remain active until law enforcement arrests the individual or the court cancels it. Therefore, immediately addressing the issue is crucial to avoid further legal consequences.

What is Failure to Appear in Missouri?

Failure to appear (FTA) in Missouri happens when a person fails to appear in court as required while awaiting a preliminary hearing, trial, sentence, appeal, probation or parole revocation, or any other stage of a criminal proceeding against them after being released on recognizance or bond.

A person forfeits their bail if they don't appear in court. They are also guilty of FTA offenses, with the penalty dependent on the initial violation for which they were discharged.

If the person's initial offense is a felony, FTA is considered a Class E felony under the RSMo section 544.665. Class E felonies are punishable by up to four years in jail and a maximum of $10,000 fine.

The FTA offense will be a Class A misdemeanor if the offender was discharged for a misdemeanor but no felony. This misdemeanor category carries a punishment of up to one year in jail and a fine of up to $2,000.

In traffic cases, an FTA can suspend the individual's driver's license. If an individual fails to appear for a traffic court hearing, the court may notify the Missouri Department of Revenue (MDR), which can suspend their license until they appear in court.

In conclusion, FTA in Missouri is a severe criminal offense that can result in significant consequences. If you have an FTA charge, taking immediate action and seeking legal advice to protect your rights and avoid further penalties is essential.

What is Failure to Pay in Missouri?

Failure to Pay (FTP) is a legal offense when an individual does not pay the required fines or fees.

When the court orders an individual to pay fines or fees due to a court order or judgment, they must comply with the payment terms or face penalties for non-payment.

Failure to pay can lead to significant penalties and consequences regardless of the payment type.

Like in FTA, FTP can result in the individual's driver's license suspension. If an individual does not pay their traffic ticket fines or attend a court-ordered driver's improvement course, the court may notify the MDR to suspend their license.

In criminal proceedings, if an individual is ordered to pay fines or fees as a condition of probation or parole and fails to pay, the court may revoke their probation or parole, leading to incarceration.

When an individual is ordered to pay a civil judgment and fails, the court may order wage garnishment or seizure of their property to satisfy the ruling in a civil case.

Finally, if an individual fails to pay their child support obligations, the court may take measures to enforce payment, such as license suspension or passport denial.

How To Perform Warrant Search in Missouri

Since judges issue warrants, court records typically contain them. Thus, one of the best options to perform a Missouri Warrant Search is through the Case.net of the Missouri State Court System.

This public database may contain warrants, court judgments, and charges accessible to everyone. To use the platform for the warrant search in Missouri, enter the subject's last name in the Litigant Name Search. You can also use the other search options, like the Filing Date Search and Scheduled Hearing Search.

Another option to check warrant information in Missouri is through the Sheriff's Office or law enforcement agencies.

Most Sheriff's Offices keep records of active warrants and put them in order by the last names of the people involved. Some counties, like Boone, Greene, and Douglas, list people with active warrants online. These lists include the suspects' ages and information about their charges.

However, calling your local Sheriff's Office is usually the best way to get the most up-to-date information since online databases might not show changes that have happened recently.

You may also visit your local law enforcement bodies in person. But if you do so, you could be arrested on the spot if you have active arrest or bench warrants.

Lastly, working with an attorney is safer for performing a warrant search in Missouri. An experienced attorney can thoroughly search public records and contact law enforcement agencies on behalf of their clients.

A Missouri Warrant Search is essential, especially if you have had contact with law enforcement or have pending legal matters. Knowing about any outstanding warrants can prevent unexpected arrests and allow you to take action to resolve the issue before it escalates.

Counties in Missouri

List of Content

How Long Does a Warrant Stay Active in Missouri?
What Are the Most Common Warrants in Missouri?
How To Perform Warrant Search in Missouri