Maryland Warrant Search
A warrant is a court order that authorizes law enforcement officers to take a particular action, such as searching, arresting, or seizing property.
Warrants are essential for law enforcement. It allows them to investigate and apprehend suspected criminals while protecting citizens' rights to privacy and due process. Like in many other states, Maryland has warrant search procedures.
A Maryland Warrant Search is a process used to determine whether a person has a warrant issued against them.
For several reasons, someone may want to conduct a warrant search, including checking for outstanding warrants against themselves, a friend or family member, or an employee or potential hire.
Additionally, suppose someone is planning to make a significant purchase, such as a home or a car. In that case, it may be necessary to conduct a warrant search to ensure no legal issues could affect the transaction.
A warrant search in Maryland can provide information on outstanding warrants that may contain the warrantee's name, the warrant number, the charge, and the warrant type.
The search may also provide information on the jurisdiction that issued the warrant, the issuance date, the last known address of the subject, and any associated bail or bond amounts. Additionally, the search may reveal whether the order is active or has been resolved.
Specific information related to state warrants may be considered public records and available for public access under the Maryland Public Information Act (MPIA).
However, there are often restrictions on who can access this information and for what purposes. Additionally, some records may be sealed or otherwise unavailable for public access due to privacy concerns or ongoing criminal investigations.
How Long Do Warrants Remain Active in Maryland?
The length of time a warrant remains active in Maryland depends on several factors, including the warrant type along with the specific statute of limitations associated with the underlying criminal allegation.
For instance, search warrants are typically valid for 15 days from the date they are issued unless a judge or magistrate authorizes an extension. The judge or magistrate may readily renew the search warrant if they are convinced there is still sufficient evidence or probable cause to continue the investigation.
In contrast, arrest and bench warrants do not expire in Maryland. It means that when a judge or magistrate issues either of these warrants for an offense, it remains active until executed or recalled by a court. However, the statute of limitations affects the length of time that these warrants can stay active.
The statute of limitations is the time restriction for legal action following an offense, and the type of crime and jurisdiction determine it. The Maryland statute of limitations ranges from one year for most misdemeanor offenses to a lifetime for severe felonies.
If the court issues a warrant related to a crime with a statute of limitations of one year, it can only remain active for that duration.
If the statute of limitations is three years, the warrant can stay active for that period. It happens for misdemeanors related to driving under the influence (DUI), theft, forgery, and fraud.
But if the warrant relates to a crime with no statute of limitations, such as murder, it can remain active indefinitely.
What Are the Most Common Warrants in Maryland?
If you're conducting a Maryland Warrant Search, it is best to familiarize yourself with the types of warrants that may arise.
The issuance of warrants by Maryland courts serves various purposes and can have significant consequences for those involved. Understanding the different warrant types can help you navigate the legal system more effectively and safeguard your rights.
Here are the most common warrants issued in Maryland, including their uses and implications:
Maryland Arrest Warrant
In Maryland, a circuit court judge, a circuit court clerk, and a district court commissioner can issue an arrest warrant. This warrant grants law enforcement officers the power to apprehend a person at any time and place, as stated in Maryland Criminal Procedure (MCP) Section 2-103.
The court issues Maryland Arrest Warrants under certain circumstances, including when a suspect is believed to have committed a crime or when a suspect violates the terms of their release from custody. A warrant may also be issued if there is reason to believe that an individual may pose a danger to themselves or others.
The process for obtaining an arrest warrant in Maryland begins with a law enforcement officer presenting evidence to a court. This evidence may include witness statements, surveillance footage, or other information that supports the suspicion of criminal activity.
If the court finds the evidence sufficient, they will issue an arrest warrant. In Maryland, an arrest warrant does not mean the suspect has been found guilty of a crime. Instead, sufficient evidence supports their arrest and detention for further questioning and investigation.
An arrest warrant in Maryland must contain specific information, including the name and identifying information of the arrestee, a detailed description of the offense, the date and time of issuance, the signature of the judge, the court or issuing authority, and limits on the arrest.
These elements are necessary for the warrant to be legally valid in Maryland, though additional information may be required depending on the case's specific circumstances.
Can Maryland Police Officers Arrest You Without a Warrant?
In Maryland, police officers must obtain a warrant before arrest unless certain circumstances permit them to arrest without a warrant.
Under section 2-202 of the MCP, police officers can arrest without a warrant if they witness a felony or misdemeanor being committed in their presence. Under such circumstances, the police can arrest the suspect immediately.
Another instance where an arrest can be made without a warrant is when the officer has probable cause or grounds to believe the suspect has committed a felony offense.
For probable cause, there must be enough evidence for a reasonable person to think there was a crime and that the arrested person is responsible.
Furthermore, police officers can make a warrantless arrest when the suspect has fled the scene of a crime, and the officer has probable cause to believe that the suspect is in a particular location.
Note that police officers must have probable cause to believe that there is a commission of a crime to make warrantless arrests in these situations. If the officer lacks probable cause, the arrest may be illegal, and the court may dismiss the charges.
Maryland Search Warrant
Under the MCP section 1-203, a search warrant in Maryland requires a law enforcement officer to search a person, place, or item and seize any evidence linked to a suspected crime.
The circuit or district court judge only issues this warrant when there is probable cause to believe there is a commission of a misdemeanor or felony on the searched property.
To obtain a search warrant in Maryland, a law enforcement officer must apply to a judge, detailing the probable cause for the search and identifying the specific location to be searched.
The applicant must support the application with an affidavit, which involves making a sworn statement under penalty of perjury.
The affidavit must provide sufficient information to establish probable cause, including any facts or circumstances that support the belief that there is a commission of a crime and that evidence related to the crime is likely at the location in question.
Aside from the state laws, the Fourth Amendment of the U.S. Constitution mandates this requirement, which protects against unreasonable searches and seizures.
If the judge determines the probable cause to support the search, they will issue this warrant authorizing law enforcement officers to search the specified location.
When law enforcement officers execute this warrant, they may seize several items, including:
- Cash
- Record books
- Documents
- Photographs
- Narcotics
- Stolen property
- Weapons used in a violent crime
- Clothes used during a criminal act
- Computers
- Storage media
- Hard drives
- Biological materials such as DNA, hair, and blood
In Maryland, search and seizure without a warrant from a judge are also possible. Warrantless searches and seizures are generally unreasonable under the Fourth Amendment. However, there are numerous exceptions to the warrant requirement, such as exigent circumstances, consent, search incident to arrest, and plain view doctrine.
What Constitutes an Invalid Maryland Search Warrant?
While search warrants can be a powerful tool for law enforcement in Maryland to investigate and prosecute crimes, the officers must obtain and execute them under the law.
Here are the factors that can make a Maryland search warrant invalid:
Lack of Probable Cause
The Fourth Amendment requires that a search warrant can only be issued based on probable cause. A warrant becomes invalid if the judge who issued it lacked sufficient evidence to establish probable cause.
Defective Affidavit
The affidavit supporting the search warrant must provide enough information to establish probable cause and must not contain any false statements or omissions. If the affidavit is defective, the search warrant may be invalid.
Overbroad or Vague Description
The search warrant must describe the place or thing to be searched with reasonable particularity. The warrant may be unlawful if the description is too broad or vague.
Lack of Authorization
A judge or magistrate with the authority to issue search warrants must sign the order. If the person who signed the search warrant lacked the necessary power, the search warrant could become invalid.
Exceeding the Scope and Timeframe of the Warrant
Law enforcement officers must limit their search to the extent authorized by the warrant. Moreover, law enforcement officers must execute Maryland search warrants within 15 days of issuance.
Obtaining evidence outside the scope of a warrant or failing to execute the warrant within the designated timeframe could result in the evidence being deemed inadmissible in court.
In summary, adherence to the proper procedures in obtaining and executing a search warrant is crucial to its validity. Failing to comply with the necessary conditions and violating the Fourth Amendment could result in the court declaring the warrant invalid. This invalidity, in turn, could prompt the defendant to file legal motions.
Maryland Bench Warrant
When conducting a Maryland Warrant Search, you may frequently encounter bench warrants.
Judges or magistrates issue Maryland bench warrants to allow law enforcement officers to arrest someone who has failed to appear in court, violated their probation or parole, or failed to comply with a court order.
When a judge issues this warrant, they will also impose bail for the defendant to post to reschedule their hearing or trial.
What is Failure to Appear in Maryland?
Failure to Appear (FTA) is a grave offense in Maryland. FTA occurs when an individual fails to attend court for a scheduled hearing or trial.
If a person fails to appear for a scheduled hearing or trial, a warrant for their arrest may be issued, and they may face misdemeanor charges, jail time, and fines of up to $1,000.00.
These penalties may run simultaneously with whatever punishments the subject received for charges imposed before the FTA offense.
Suppose an individual has a legitimate reason for missing a court date, such as illness or an emergency. In that case, contacting the court as soon as possible is essential to explain the situation. The court may reschedule the hearing or trial in these circumstances.
Maryland Has a Failure to Pay Warrant
A Maryland failure to pay warrant is a type of warrant issued by a court in Maryland when an individual fails to pay fines, fees, or other court-ordered payments related to a criminal or traffic case.
In Maryland, when a person is found guilty of a crime or traffic violation, they may be required to pay fines, court costs, and other fees as part of their sentence.
If they fail to pay these amounts by the specified due date, the court may issue this warrant, which authorizes law enforcement officers to arrest the person at any time and bring them before the court to explain why they have not paid the required amounts.
If a person doesn't pay a court fee, their license may be suspended. Furthermore, the court may jail the defendant for one day for every $10 due if the nonpayment is willful.
They may be required to pay the total amount owed, including any additional fees or interest, to be released from custody. If a defendant cannot pay the full court fine, Maryland Courts and Judicial Procedures section 7-504 allows them to request a reduction.
The court will evaluate the defendant's financial incapacity claim. Once verified, the court may lower the fine to a defendant-affordable sum.
How To Perform Warrant Search in Maryland
If you wish to perform a Maryland Warrant Search, the clerk's office of the courthouse that issued the warrant is an excellent place to start. The records are archived there and made available to the public for review.
If you need copies of these documents, request them by mail and pay the applicable fee. If you prefer to call, you can reach the relevant clerk's office that has the warrant data you need using the contact details listed on the Maryland Judiciary court directory page.
But for a more convenient way, you can use the Maryland Judiciary Case Search system. This tool allows you to search for case records, including outstanding warrants. You can search by name, case number, or other identifying information.
Another option for discovering active warrants in Maryland is to conduct criminal background checks using the Criminal Justice Information System (CJIS). The Maryland Department of Public Safety and Correctional Services (DPSCS) runs this service, which can provide comprehensive information on state warrants.
Some Sheriff's Offices, like Anne Arundel County and Washington County, also have online databases where you can check active warrants in their jurisdictions. Moreover, some police departments, like Montgomery County, even have warrant departments or units that interface with the public.
If you find a pending warrant during your search, speaking to or hiring a criminal defense attorney is advisable. They can assist you in recalling the warrant, and one method to do so is to request to convert it to a summons or surrender on your terms.