North Dakota Warrant Search
A warrant search in North Dakota allows individuals to obtain information regarding warrants issued by state courts. Individuals conduct warrant searches for various reasons. For example, employers perform warrant searches during background checks to verify if potential employees are wanted for criminal activities. Potential landlords may perform warrant searches on potential tenants to ensure the safety of their properties and existing tenants.
A statewide warrant search can be conducted via the North Dakota Public Access Site, which is managed by North Dakota Courts. Interested persons can also conduct warrant searches at local police departments, courts, county sheriffs, or third-party websites.
What is a Warrant?
A warrant is a legal document issued by a judge or grand jury. It authorizes law enforcement personnel to search specific locations, confiscate potential evidence, or arrest someone. The most common warrants in North Dakota include bench, search, arrest, and fugitive warrants.
Are Warrants Public Records in North Dakota?
Yes. The North Dakota Century Code states that except as otherwise specifically provided by the law, all records of public entities are considered public records and are available for inspection during regular business hours. Hence, warrant records, including active warrants, may be obtained by members of the public. However, some warrant records are exempted from public view. For example, unexecuted search and juvenile warrants are deemed confidential in ND.
How Do I Look Up Warrants in North Dakota?
Several available third-party websites provide warrant information and records to the general public upon request. Information required to conduct a warrant record search is typically the first and last name of the subject. However, record seekers may be required to provide more information to narrow the search due to the large database, especially where an exhaustive record is needed. While most third-party websites offer free search services to interested persons, some extensive searches may require fees ranging from $2 to $5. Individuals may also subscribe monthly or yearly for a fee, depending on how frequently searches are conducted.
Although third-party websites greatly facilitate access to warrant records, the information found there may vary since the government does not maintain them. Individuals need to verify information obtained from third-party sites because they might be inaccurate or unreliable.
What is a Search Warrant in North Dakota?
The North Dakota Courts System Rule 41 defines a search warrant as a written order issued in the state's name and signed by a magistrate. This warrant directs a peace officer to search for property, evidence, or a person. The magistrate may order the peace officer, the affiant, or other witnesses to appear in person before deciding on a warrant request. The magistrate must issue a warrant if there are grounds for an application or probable cause to believe they exist and identify the property, evidence, or person to be searched.
Are Search Warrants Public Records in North Dakota?
Yes, search warrants are public records in North Dakota. However, the North Dakota Search and Seizure Law states that search and seizure warrant documents must be concealed for 90 days after return, after which they can be released without further court action.
How Long Does it Take to Get a Search Warrant in North Dakota?
North Dakota does not have a set timeframe for obtaining a search warrant. In most cases, it takes a few hours to several weeks, depending on the nature of the case.
How Long Does a Search Warrant Last
A search warrant in North Dakota is valid for only 10 days. The warrant must be executed in the daytime, between 6 a.m. and 10 p.m., except otherwise stated by the issuing authority.
What is a Bench Warrant in North Dakota?
The term "bench" refers to the customary term for the judge's seat. Per the North Dakota Courts System Rule 6.6, bench warrants are issued by judges when a defendant fails to appear in court. These warrants are directed to all peace officers in the state to bring the non-compliant party before the court as soon as possible or at a designated time and place.
What is an Arrest Warrant in North Dakota?
Per North Dakota Courts System Rule 4, a magistrate issues an arrest warrant when it appears from a complaint or an affidavit filed with it that there is probable cause to believe that a person has committed a criminal offense. Arrest warrants are usually in writing, and they contain the following:
- The magistrate’s signature and title of their office
- Issuance date and the municipality or county where it was issued
- The defendant's name (if unknown, a name or clear description by which the defendant can be identified)
- A description of the offense committed by the defendant
- A command to arrest the defendant and bring them before the nearest available magistrate.
How to Check if You Have a Warrant in North Dakota
The most accurate methods of conducting a North Dakota warrant search are in person or by phone. For example, record seekers can call the Mandan Police Department at (701) 667-3455 or the Morton County Sheriff’s Department at (701) 667-3330 for information on outstanding warrants. In-person requests can be made at the nearest law enforcement agency (city police department, county sheriff’s office, or court). All requests should be made during the agency’s business hours, and a name will be required to facilitate the search.
Anyone seeking warrant information may request a criminal history check from the North Dakota Bureau of Criminal Investigation. Typically, warrant information is included in criminal history records. A completed Public Request for Criminal History Record Information Form with a $15 must be mailed to:
Criminal Records Section
*North Dakota Bureau of Criminal Investigation *
PO Box 1054
Birsmarck, ND 58502-1054
Can You Check Warrants Online in North Dakota?
Yes. Most North Dakota law enforcement agencies publish warrant information on their websites. This makes it easy for members of the public to check warrants online. For example, many county sheriff’s offices, like those in Nelson County and Richland County, provide updated lists of active warrants to members of the public.
How To Find Out If You Have a Warrant for Free
Members of the public may conduct a warrant search at no cost by:
- Utilizing the online portal provided by the North Dakota Courts
- Reviewing the warrant lists provided by local law enforcement agencies
- Calling and visiting law enforcement agencies that executed or issued the warrant
How to Find Out if Someone Has a Warrant Online For Free in North Dakota
The most common method of finding warrant information online at no cost is utilizing the Public Access Site provided by the North Dakota Courts. A search can be conducted by county, case, filing date, and case party name. The “W” sign will appear beside the subject's name if a warrant is active. Alternatively, record seekers can view warrant records online for free on local law enforcement agency websites. For example, the Dickinson Police Department has a Warrant List that can be used to find out if someone residing in the City of Dickinson has a warrant.
How Long Does a Warrant Stay Active in North Dakota?
Arrest and bench warrants remain active forever until executed or the subject dies. However, the validity period of search warrants is 10 days after the date of issuance.
How Do I Find Out If I Have a Federal Warrant?
Certain information concerning Federal warrants is not easily accessible to the general public. However, the presence of an active federal warrant may be confirmed by the appearance of an individual on a most wanted or wanted persons list on the Federal Bureau of Investigation (FBI) website. Another option may be to contact the federal clerk of the court in the relevant location where the offense took place.
On the other hand, the Warrant Information System (WIN), an online search service provided by the US Marshals Service, can be used to conduct a federal warrant search. This service is only available to authorized officials.
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