Indiana Warrant Search

Indiana Warrant Search involves searching through records maintained by Indiana law enforcement agencies to determine if there are any outstanding warrants for an individual.

In Indiana, a warrant is a legal instrument that grants the possessor permission to carry out a specific undertaking. Such actions may violate state law or an individual's rights without a warrant.

After proving probable cause, a judge or magistrate often issues an Indiana warrant. Law enforcement officers must convince judges and magistrates that warrants are necessary and do not infringe on rights.

When you perform a state warrant search, some information you can find on an outstanding warrant includes the name of the individual on the warrant, the reason for the warrant, and the warrant issuance date. Sometimes, additional information, such as a physical description of the individual or their last known whereabouts, may also be available.

Indiana warrants are public records because a government entity issues them and contains criminal proceedings information. As such, they are subject to public access under the Indiana Access to Public Records Act (APRA) unless a specific exemption applies.

How Long Does a Warrant Stay Active in Indiana?

The duration of an Indiana warrant depends on the type issued. Typically, most state warrants expire upon judicial recall or death.

However, the Indiana Code (IC) section 35-33-2-4 provides that a misdemeanor arrest warrant expires 180 days after issuance. If a sheriff possesses an expired warrant, they may request a new warrant from a judge.

In contrast, an arrest warrant for a felony remains active until its intent is completed, and a bench warrant stays valid until the subject is located or recalled by a judge.

What Are the Most Common Warrants in Indiana?

Indiana courts can issue various warrants based on necessity or purpose. If you are conducting an Indiana Warrant Search, you may come across several types of warrants, including but not limited to the following:

Indiana Arrest Warrant

An arrest warrant in Indiana is a legal order issued by a judge to law enforcement officials after a criminal investigation or grand jury indictment. The warrant authorizes the police to apprehend and detain an individual.

For an arrest warrant to be issued, law enforcement officers must provide a judge with evidence or information that supports the probable cause. This evidence or information may include witness statements, physical evidence, or other evidence suggesting that the individual has committed a crime.

However, under IC section 35-33-2-1, a judge can issue an arrest warrant to apprehend a defendant without establishing probable cause if an indictment has been filed in court and the defendant has not been arrested or appeared before the court.

Most often, law enforcement officers do not need to inform the individual of the warrant's existence and can make an unannounced visit to their residence or workplace to make an arrest.

An arrest warrant in Indiana typically contains essential information, including:

The name and identifying information of the individual sought for arrest
A description of the alleged crime or offense committed
The warrant issuance date
The name and signature of the judge who issued the warrant
The court that issued the warrant
The responsible county sheriff's department for executing the warrant
Instructions to law enforcement officers to arrest the individual named in the warrant
Any conditions or restrictions specified in the warrant
The bail amount, if any

Can Indiana Police Officers Arrest You Without a Warrant?

Indiana law generally prohibits law enforcement officers from arresting without a warrant, except in certain situations.

IC section 35-33-1-1 allows a warrantless arrest if the officer has reasonable cause to think the individual is committing a felony, witnesses a misdemeanor, or has committed particular offenses, including domestic battery and theft.

The general rule for misdemeanor arrests requires the crime to have been committed in the officer's presence. It means the officer must have observed the person committing the offense or obtained a confession while present. Otherwise, the officer needs to get a warrant before making an arrest.

Domestic battery and theft are among Indiana's exceptions to the rule for misdemeanor arrests. If the officer has probable cause or grounds to think that a person has committed domestic battery or theft, they can arrest without a warrant.

Other circumstances may justify a warrantless arrest besides those outlined in IC section 35-33-1-1. For instance, if a person is fleeing a crime scene, an officer may execute warrantless arrest if they have reasonable grounds or believe that the person committed the crime.

Indiana Search Warrant

In Indiana, judges grant search warrants to law enforcement personnel, authorizing them to search a particular site for evidence.

The seeking police officer must submit an affidavit without prejudice, proving a crime has been or will be committed. It guarantees that search warrants are only issued based on probable cause when necessary.

Law enforcement officials may request a search warrant in Indiana for several reasons following IC section 35-33-5-1. These reasons include looking for property acquired illegally or property that someone wants to use to conduct or conceal a crime.

Additionally, police officers may use search warrants to discover proof of child abuse or dangerous person's firearms. Lastly, a search warrant can be issued to prove a person did something illegal.

Law enforcement officers in Indiana rely on search warrants as an essential tool in criminal investigations. They use search warrants to gather evidence legally, which enables them to build a case against a suspect. Without search warrants, evidence may be inadmissible in court, leading to the potential for a suspect to go free due to a lack of evidence.

What Constitutes an Invalid Indiana Search Warrant?

In Indiana, search warrants are subject to specific requirements and limitations to ensure they are issued and executed lawfully. Here are some factors that can make an Indiana search warrant invalid:

Lack of Probable Cause or Fourth Amendment Violation

To obtain a search warrant in Indiana, law enforcement officers must have sufficient evidence to support the belief that there is a commission of a crime and that the target place or person contains evidence of that crime. It is known as probable cause.

The search warrant may be unlawful if there is no probable cause or if the search breaches the Fourth Amendment, which forbids unreasonable searches and seizures.

Violation of IC Section 35-33-5-7

This law requires police officers in Indiana to execute search warrants within ten days of their issuance and promptly return them to the court. If the officers fail to comply with these requirements, the search warrant may become invalid.

Failure To Execute the Warrant Correctly

If law enforcement personnel in Indiana fail to execute search warrants according to the court's instructions, the warrant may become invalid. For instance, if officers search areas or items not specified in the warrant, the search may be deemed unreasonable, leading to the warrant's invalidation.

Excessive Use of Force

When executing a search warrant, officers are authorized to use force to gain entry to the premises. However, they must announce themselves and their intentions to the inhabitants and use only the minimum force required. The search warrant may become invalid if officers use excessive force, resulting in personal injury.

In conclusion, Indiana search warrants must be based on probable cause, executed correctly, and comply with state laws and constitutional rights. Failure to meet these requirements can lead to an invalid search warrant and potentially legal consequences for law enforcement officers.

Indiana Bench Warrant

Bench warrants are a common type often appearing in an Indiana Warrant Search.

A judge issues an Indiana bench warrant to authorize police officers to arrest and take individuals into custody for violating a court order. The warrant ensures that the individual appears before the court and complies with the court order.

Once issued, police officers can arrest the individual named on the warrant and take them into custody. Bench warrants, like arrest warrants, are valid until the offender is arrested or the court recalls them.

Judges may issue this warrant if a bailee fails to appear in court. Under IC section 35-33-8-7, if a person fails to appear in court within 120–365 days of bail, the court will forfeit the bond and issue the bench warrant.

Aside from the failure to appear, law enforcement officials may also arrest anyone with bench warrants for not paying court fines.

What is Failure to Appear in Indiana?

Failure to Appear (FTA) in Indiana happens when a defendant purposely skips court dates.

In Indiana, this violation may result in a bench warrant for arrest. Moreover, it has no expiration date, and police may use it anytime.

In Indiana, a person who gets an FTA may get more charges on top of the initial violation. The first court charges determine the severity of the penalties for the FTA offense. The more severe the charges, the harsher the FTA penalties.

If the original charge is a felony, under the IC section 35-44.1-2-9, it is a level 6 felony. This offense carries a six-month to a 2.5-year prison sentence and a $10,000 fine as defined by IC section 35-50-2-7.

On the other hand, it is a Class A misdemeanor if the initial charge of the defendant is a misdemeanor. The court can impose a fine of up to $5,000 and up to a year in jail for this offense.

What is Failure to Pay in Indiana?

Failure to Pay (FTP) in Indiana is the refusal of a person to pay a court-imposed fine for breaching state legislation.

Under IC section 9-30-3-8, if an individual fails to pay the fines for a traffic offense, the court may issue a bench warrant against them, which allows law enforcement to apprehend and bring them before the court.

One of the most significant consequences of FTP in Indiana is incarceration. It means that individuals who fail to pay their fines can be sentenced to serve time in jail. Thus, it can result in severe disruption to their lives, including the loss of their job, damage to their reputation, and difficulties in maintaining personal relationships.

It is why individuals must pay their fines promptly to avoid facing these consequences.

How To Perform Warrant Search in Indiana?

Performing an Indiana Warrant Search is essential to ensure your safety and security. Whether you are concerned about your outstanding warrants or are trying to determine whether someone else has a warrant against them, there are several ways to perform a warrant search in Indiana.

One of the easiest ways to find information on outstanding warrants in Indiana is to check the state judiciary's case information site. Generally, non-confidential warrant information is available on this site, and inquirers can view this in the case summary section.

If the information is not available on the judiciary's case information site, you can visit the court clerk's office in your county area. The court clerk may provide warrant information upon request, and you can find out if you or someone else has a warrant issued against them.

Another option for a warrant search in Indiana is to check with the county sheriff's department. Many sheriff's departments have a warrant search website available to the public. For example, the Lake County Sheriff's Department has a warrant search tool where you can search for outstanding warrants using a person's first and last name.

You can also visit the sheriff's department in person. Information on pending warrants is available at this agency, and you can inquire about the procedure for obtaining warrant information.

When performing an Indiana Warrant Search, it is essential to remember that the court issues warrants for various reasons, including criminal charges, unpaid fines, or failure to appear in court.

If you discover that you or someone else has an outstanding warrant, it is crucial to take appropriate action. This action may include contacting an attorney or turning oneself into law enforcement.

Counties in Indiana

List of Content

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