Idaho Warrant Searches

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In the State of Idaho , the police can not arrest a person for a misdemeanor violation without a warrant unless they specifically see the person committing the crime. In the event of a felony, however, police can arrest without a warrant if they can substantiate probable cause.

In the event that an individual has an active warrant out for their arrest, the police have permission to place them under arrest and book them into jail. The arrest can take place at any time day or night and at wherever location the defendant is apprehended.

With an arrest warrant law enforcement can:

  • Invade the private residence of the defendant
  • Invade the workplace of the defendant
  • Invade the school of the defendant

Regardless of where the defendant is, or what the defendant is doing at the time, a warrant will take precedence over everything else, and police will act upon the orders listed within the warrant. Most arrest warrants result in a trip to the county jail and a long wait to see the judge.

If you believe that you or somebody that you know has an active arrest warrant, we recommend that you do an Idaho warrant search to know for sure so that you can take action on your own terms.

Active Warrants in Idaho

Depending on the type of warrant that has been issued against an individual there are a number of variables that can determine how the authorities will handle it. Any warrant that is issued is an official court document that is signed into action by a judge.

Within the warrant, there will be specific details that pertain to the nature of that particular warrant.

The information included within the document will be details such as:

  • Suspect name and address
  • The nature of the warrant
  • Details outlining the execution of the warrant
  • Special instructions regarding the subject of the warrant

Some warrants will be orders to execute a search of the person or property of the subject of the warrant and other warrants will be to arrest the person or serve the person with a subpoena to appear in court.

No matter the reason for the warrant, as long as it has not been executed, it is still considered active. Law enforcement is expected to satisfy the orders within as little amount of time as possible.

Types of Warrants in Idaho

In general, most warrants in Idaho are issued because of a criminal case, however, warrants can be issued in the event of a civil case. There are several types of warrants that are possible such as warrants of attachments, fail to pay warrants, and agent warrants.

Although there are various types of warrants the three most common warrants in Idaho are:

  • Arrest warrants
  • Bench warrants
  • Search warrants

Each of these types of warrants carries a significant amount of weight when it comes to the law, but they are all different in their own ways.

Arrest Warrants

An arrest warrant is usually issued once a district attorney has officially pressed charges against an individual for a crime. Once a person has criminal charges filed against them they are subject to an arrest warrant and aggressive persecution for the crime they are being accused of.

When an arrest warrant is issued it must be:

  • Signed by a judge
  • Issued without prejudice
  • Substantiated with probable cause

As soon as the warrant becomes active, the authorities have permission to execute the orders listed within the warrant. In many cases, the subject of the warrant is not even aware that it exists.

An arrest warrant commands law enforcement to take action upon the person’s name within the document as soon as possible and by just about any means necessary. Police can go directly to the subject’s home and kick the door in so that they can arrest them. Anywhere the subject is can be searched for additional evidence that could help to resolve the crime.

Bench Warrants in Idaho

A bench warrant can be called other names, but in the end, it is a warrant that has been issued and signed into action by a judge sitting at the bench in the courtroom. This type of warrant is issued as a result of a person failing to comply with the orders of the court.

A great example of why bench warrants are issued is when a person that has been directed to appear before the judge in court on a certain day fails to appear in court. When the judge realizes the absence of the person, they will issue a bench warrant.

Other reasons for the issuance of a bench warrant could be:

  • Failure to check in to a court-appointed facility
  • Failure to pay a fine
  • Failure to report for jury duty

A bench warrant and an arrest warrant are very similar to each other because they both allow police to barge in on the defendant and arrest them on sight. However, an arrest warrant is the result of a fresh criminal case that has not yet begun the court process and a bench warrant is the result of a case that is already in process.

A bench warrant can result in the arrest and incarceration of the named individual, or it can be dealt with by the officer ordering a summons for the defendant to show up in court to face the judge. Whatever the result of the warrant it will not be considered closed until the person named in it is seen by a judge.

Search Warrants in Idaho

When a judge issues a search warrant the circumstances are a bit different than when they issue any other kind of warrant. This type of warrant gives officers permission to search the body or the property of the person named within the warrant. However, there are certain stipulations listed within the details of the document that must be followed to the exact instructions. Otherwise, the evidence discovered in the search can be thrown out.

Police officers and other law enforcement agents do not have permission to search people or their property without the presence of a search warrant. However, when authorities feel that the safety of the community is in jeaprody because of a suspected criminal, they can search under the authority of probable cause.

Probable cause could mean:

  • Officers see evidence
  • Officers chase a suspect into a residence
  • Officers are informed by eyewitnesses that a person is in the act of committing a crime

If any of the probable cause reasons reveal to the police that the suspect was in possession of a firearm, or sexually explicit content involving minors they are in perfect line with the law as far as protecting the safety of the public goes. However, a savvy defense attorney might be able to find obscure loopholes and get all evidence suppressed.

A case against a defendant is much more solid when there are legal warrants involved.

When a search warrant is formed against a person it is done so in private quarters away from the public eye to ensure that the person named in the warrant does not have a chance to get rid of any evidence.

Conducting Regular Warrant Searches

Some people might think that there is no value in conducting regular warrant searches. However, depending on the circumstances of the individual a warrant search every now and then could mean the difference between freedom and jail time. Anybody can have an outstanding warrant that they are unaware of. If a person gets pulled over for a traffic violation and they happen to have an outstanding warrant they could end up going to jail without warning. If a person is aware that they have a warrant out for their arrest they have the power of choice before the police snatch it away.

***Regardless of which state you live in it is always wise to contact an attorney for any questions that you may have when it comes to warrant laws or any other legal concerns. The content found on this website is only for informational purposes and is not to be mistaken for legal advice.