Are Warrants Public Records in Minnesota?
Per Minnesota Statutes 13.82 (Subd. 2), arrest or search warrants are public records, but there are instances where warrants can be held confidential. For example, according to Minnesota Statutes 13.82 (Subd. 19), arrest warrant indices data are confidential until the defendant has been taken into custody, served with a warrant, or appears before the court. However, this data can be made public if a law enforcement agency determines that the disclosure will serve a public purpose. Warrants are typically held as judicial records or as part of Minnesota criminal records by state law enforcement agencies.
What is Considered a Warrant in Minnesota?
In Minnesota, warrants are used by law enforcement officers to carry out an act that will usually be considered illegal under state laws. Such actions include the apprehension of an individual or the search of a property to find evidence.
The Minnesota courts are responsible for issuing warrants to law officers upon request. However, the law officer must submit a sworn testimony and relevant documents that show probable cause. The courts can issue arrest warrants, capias warrants, search warrants, probation warrants, bench warrants, and more.
How to Find Out if You Have a Warrant in Minnesota?
Interested persons can find out if they have a warrant in Minnesota by contacting their county courthouse clerk to inquire. The court clerks usually maintain warrant data, and inquirers can visit their offices to look up warrant information. The judicial branch's find courts tool provides the location of all courthouses in the state.
A local sheriff's office also maintains warrant information issued within its jurisdiction. Individuals can visit the office to inquire about outstanding warrants. Alternatively, such individuals can check the sheriff's website or the county site for warrant information. Usually, these sites provide a warrant search tool or a list updated regularly with the names of persons with outstanding warrants.
For instance, the warrant division of the Saint Louis County Sheriff's Office maintains current warrant information on its site. Visitors can obtain details of both active felony warrants and misdemeanor warrants. The division updates the lists at 9:00 a.m. weekly. Likewise, the sheriff's office in Ramsey County provides an Online Warrant Search tool that lets the general public search and view warrant information within its jurisdiction.
Records of warrants issued or executed in various jurisdictions are also maintained by third-party websites. While third-party sites make accessing these records substantially easier, the information available on the sites may vary since they are not government-run sources. To obtain warrant records from a third-party site, the requesting party may be required to provide:
- The personal information of the alleged suspect
- Information regarding the issuing officer
- The location where the warrant was issued.
How Long Does a Warrant Stay Active in Minnesota?
A warrant issued in Minnesota remains active until the individual named in the warrant resolves the issue. Upon issuance by the court, law officers can execute the warrant immediately or later on. Since there is no expiration period, law officers can apprehend persons with outstanding warrants wherever they meet them.
However, gross misdemeanor warrants are usually more lenient than felony warrants, and it is easier for the court to recall them or put an expiration period.
How Long Does It Take to Get a Warrant in Minnesota?
Generally, law enforcement officers can get a warrant in an hour or two if the facts of the complainant and supporting documents establish probable cause to believe that a person has committed an offense.
How Do Search Warrants Work in Minnesota?
Under state law, a Minnesota search warrant is a written order authorized by the state and signed by an appropriate authority that allows the bearer to search and seize items as determined by the order. The bearer is usually a law enforcement officer. Only courts with probate jurisdiction can issue search warrants in the state.
The Minnesota courts can issue a warrant on the following grounds:
- To recover stolen or embezzled properties or related items.
- If someone used the property or item to commit a criminal offense.
- If it is unlawful to possess such property or item.
- If the property or item belongs to any individual who wishes to use it to commit an offense, or if the things are in possession of persons who want to hide them and prevent their discovery.
- The seized item or property serves as evidence of a criminal offense or shows that a particular individual committed a crime.
Before the court grants a Minnesota warrant search, probable cause must exist. Probable cause is established by an affidavit that contains the individual and place to be searched and also mentions any property or item to be seized.
How Does a Minnesota Search Warrant Become Invalid?
Per Minnesota Statutes Section 626.22, a Minnesota search warrant is invalid if the bearer procured and executed it maliciously and without probable cause. This constitutes a misdemeanor offense in the state.
Also, the failure of law officers to execute warrants according to the terms of the order and return them to the court in prompt time can make a warrant invalid. Likewise, seizing properties illegally or items not included in the search warrant is unlawful.
Aggrieved defendants can challenge these illegal actions at a district court. If the court favors the defendant's motion, the properties will be returned and will not be admissible as evidence in any trial.
How to Conduct an Active Warrant Search in Minnesota
Most law enforcement agencies in Minnesota have active warrant listings or warrant search tools designed to allow easy public access to search and view information regarding individuals with an active arrest warrant. For example, here is how to conduct an active warrant search in Ramsey County:
- Go to the Sheriff’s Office website
- Click on the “Sheriff's Office Divisions” at the left bar
- Scroll down and click “Court and Security Services”.
- Go to the right tab, check the “Court & Security Services Resources” area, and click on the “Online warrant search” link.
- Read and agree to the provisions of the disclaimer on the page and click on the "I agree" button.
- Conduct an active warrant search by first or last name.
Upon conducting a search, a list of everyone with an active warrant with that name will appear. Click on the “View Details” link to find warrant information. The search result will reveal the person’s name, mugshot, sex, age, hair and eye color, height, weight, warrant number, type, date issues, charge, charge level, court number, and name and bail information and amount.
An active warrant search can also be done in person or by phone at the sheriff’s office or district court that issued the warrant. Requesters must be ready to provide the full name and date of birth of the person.
Free Warrant Search Options in Minnesota
Individuals can conduct a free warrant search online at most law enforcement agencies' websites. On these websites, requesters will find a warrant list or warrant search tools that can be used to find active warrant information for free. To use online warrant tools, the name of the person on the warrant will be required. For example, The Crow Wing County Sheriff’s Office provides an Active Warrant Listing on its website for free. The list contains the warrant number, name, date of birth, date of warrant, offense level, and description. Alternatively, requesters can visit County Sheriff's offices to inspect warrants for free. However, individuals who want copies of warrants would have to pay for such services.
Arrest Warrant in Minnesota: Rules of Procedure
An arrest warrant in Minnesota is a document that orders the immediate apprehension of an individual. A district court judge issues this warrant upon the suspected commission of a criminal offense or if an individual fails to adhere to a court order such as a parole condition. Law officers are responsible for executing arrest warrants in the state.
The types of criminal arrest warrants in Minnesota are as follows:
- Bench warrants: Bench warrants are issued to apprehend persons who do not show up in court for a trial, who violate the court's pretrial release supervision conditions, or who disobey a court directive.
- Complaint warrants: Complaint warrants when a county attorney's office charges a person with a crime. Initiating a case using a warrant is common for serious crimes where the defendant is flagged as a flight risk, the defendant's location is unknown, or the party lives outside Minnesota.
- Probation/parole violation warrants: The court issues these types of orders to offenders under the supervision of a correctional facility who violate their supervision terms.
Minnesota Child Support Arrest Warrant: What You Need to Know
A child support arrest warrant in Minnesota is a document that authorizes the arrest of individuals who failed to pay court-ordered child support payments. Typically, a hearing ensues if the court discovers outstanding child support payments and the delinquent parent must show up in court. If the parent refuses to appear for the hearing, the court will issue a child support arrest warrant. It will enable law officers to apprehend such parents and take them into custody.
Minnesota Bench Warrants: Issuing and Arrests
A Minnesota bench warrant is a type of criminal arrest warrant, but it can also serve a civil purpose. Judges can issue a bench warrant for the apprehension of defendants who do not show up in court, violate a court order, or defy the conditions for their pretrial release.
The essence of a bench warrant is usually to make offenders attend their hearing or trial in court. If the offense is punishable by only a fine, the court may issue a summons instead of a warrant. However, the judge can issue a warrant if the defendant fails to show up in response to the summons.
Upon the successful apprehension of the defendant, the arresting agency must bring them to court within 36 hours of the arrest. This excludes the day of the detention and the unavailability of the judge.
Failure to Appear in Minnesota: Rules and Consequences
A failure to appear in Minnesota occurs when a defendant misses their court date. The court will most likely issue a warrant for the apprehension of such defendants. If the defendant faces criminal charges in court, the failure to appear will result in additional criminal charges. Typically, more serious charges will carry harsher penalties.
Warrants for failure to appear remain on a person's criminal record. If apprehended by the police, such persons will face both an incarceration period and fines. Therefore, it is good to carry out a warrant search to find this warrant type on time. With a lawyer's assistance, it may be possible to avoid penalties from the court.
How Long Do You Have to Stay in Jail for a Warrant for Missing Court in Minnesota?
The duration of the jail term for a warrant issued for missing court in Minnesota depends on the original charges the defendant faces and the possible jail time associated with it.
If a defendant misses court on a felony charge, the judge can sentence them to an extra half of the original case's jail term maximum. For instance, defendants who face a felony charge punishable by ten years can get an additional five years due to a warrant for missing court.
For misdemeanor or gross misdemeanor criminal charges, a misdemeanor failure to appear has a maximum jail term of ninety days.
Failure to Pay in Minnesota: How It Works
A failure to pay in Minnesota occurs when a person fails to pay court fines ordered upon a violation of the state laws. Under Minnesota Statutes Section 588.01, this is a constructive contempt of court that is punishable by incarceration, fines, or both. For this default, the court can issue a warrant for the offender's arrest.
No-Knock Warrant in Minnesota: General Laws
A no-knock warrant in Minnesota authorizes police officers to execute a search warrant without informing residents of their presence. Law enforcement officers can request a no-knock warrant from the court if they believe that the subject may use firearms on them or destroy evidence.
Typically, the police must have reasonable suspicion (probable cause) that announcing their presence may put them at risk or sabotage the effective investigation of an offense. Specific supporting facts must exist before the judge can grant the warrant.
How to Perform a Federal Warrant Search
A federal warrant search can be done at the US Department of Justice (DOJ) and US federal courts. The DOJ allows individuals to request records or information by providing various links that can help facilitate the search. The Request FBI Records on People, Groups, and Closed Cases and the Submit a Freedom of Information Act Request (FOIA.gov) links are the best options for performing a federal warrant search.
Does Minnesota DVS Check for Warrants?
There is a possibility that the Minnesota Driver and Vehicle Services will check to see if people who apply for driver’s licenses have outstanding warrants or bench warrants. If there is an active warrant in the applicant’s name, the DVS will contact the appropriate law enforcement agency to arrest the person. The person’s license application/renewal will be suspended until the warrant is handled.
