In the state of Indiana, any law enforcement officer can arrest a person that has an active arrest warrant at any time and at any place. Officers can break open outer doors, inner doors, and windows in order to make an arrest if they are denied entry to the premises.
In order for an arrest warrant to be issued in Indiana:
- The person must have an indictment against them
- The judge has determined that probable cause exists
- Information has been filed with charges for a crime
A person with an arrest warrant will be handcuffed, detained, then transported to the county jail to be booked on whatever charges that have been filed against them. Once the booking has taken place the defendant may have an opportunity to bail out, be released on their own recognizance, or face trial while being incarcerated.
If you believe that you or somebody that you know has a warrant, we recommend that you do an Indiana warrant search to know for sure so that you can take action on your own terms.
Active Warrants in Indiana
A warrant is an official court document that has been signed by a judge. The document contains information such as:
- The name of the subject
- The address of the subject
- The date of issue
- The judges’ name
In addition to the information regarding the subject, there will be details that pertain to the individual circumstances of each warrant.
Having an active warrant means that the orders that are drawn out in the warrant have not been executed and that the subject of the warrant is still being sought after. If a person has an active warrant they are subject to the execution of that warrant at any time.
Depending on the type of warrant that is issued, and the circumstances that surround the warrant law enforcement will handle each situation differently.
Types of Warrants in Indiana
Although there are hundreds of different types of warrants that can be placed against a person in the United States, there are three basic types of warrants that are issued in Indiana:
- Arrest warrants
- Bench warrants
- Search warrants
In order for a person to have a search warrant issued against them, the judge must have probable cause that the individual is engaged in criminal activity or has been involved with a crime.
Where search warrants allow law enforcement to search the property and person of an individual, arrest warrants and bench warrants allow police officers to arrest and detain an individual, then transport them to the county jail.
Each warrant will be unique to the characteristics of the individual and the circumstances that surround the case, but the one thing that all warrants have in common is that they will not expire or ”go away.” The only way to satisfy any warrant is to face it and deal with it.
Warrant Records Search
Arrest Warrants in Indiana
Usually, when an arrest warrant is issued in Indiana it is because a district attorney has found enough evidence to charge a person with a crime. Once the person has been officially charged, and the paperwork has been filed, the district attorney will approach the judge and request a warrant for the arrest of the defendant.
- Law enforcement is informed of criminal activity
- Investigators collect evidence
- District attorney files charges
- The judge issues an arrest warrant
In the event of a federal indictment, all of the local authorities will be notified that there is an active indictment against the individual in question. Police will have full authority to arrest the person on sight.
In some cases, depending on the nature of the crimes, law enforcement officers may aggressively seek the subject to the point of high-speed pursuits and breaking down doors. In other cases, law enforcement may not actively seek the subject, but wait for them to come into contact with police by way of a traffic violation or other way.
Since an arrest warrant is issued because of a criminal act most of the arrests that occur will result in the incarceration of the subject. Police do not have the authority to determine the guilt or innocence of a defendant. Determining whether or not the subject actually committed the crime they are accused of will be the job of the court.
Bench Warrants in Indiana
When a judge issues a bench warrant it is because a person failed to adhere to a court order. Usually, during court proceedings when an individual is scheduled for a court appearance but fails to appear, a judge will issue a warrant for them to be remanded into court custody.
When the judge issues the warrant it is as they sit on the courtroom bench. This is where the term ”bench warrant” comes from.
Other reasons to merit a bench warrant are:
- Failure to pay a fine on time
- Failure to show up for a sentence
- Failure to report to a work detail or community service commitment
An arrest warrant and a bench warrant are similar in the way that police have the authority to arrest, detain, and transport the subject to jail. However, in most cases, when a bench warrant is issued it is due to a court proceeding that is already in progress.
An arrest warrant, on the other hand, is issued after charges have been filed and the subject of the warrant is wanted to stand trial for criminal activity.
Search Warrants in Indiana
Since police officers do not have permission to search citizens at will, the government has established laws and regulations that permit a judge to issue a search warrant for the search and seizure of property of citizens that show probable cause of criminal activity.
The Fourth Amendment to the Constitution of the United States is in place to protect citizens from unreasonable search practices and aggressive police actions. Indiana search law incorporates the federal laws with its own local laws that help to provide citizens with fair and reasonable privacy consideration.
Even though there are laws that protect citizens, it is up to the police officers to determine whether or not there is a risk to the safety of the community to refrain from conducting a search on a person, or people that are involved with questionable activities.
Reasons why a judge will grant a search warrant are:
- Eyewitness reports criminal activity and is willing to testify
- There is probable cause that the subject is involved with crime
- There is probable cause that the subject has evidence of a crime
When officers have a valid search warrant against an individual they have permission to search the area that is specified in the warrant. If the police go beyond the terms of the search warrant any evidence that they discover could be thrown out in court.
Only a judge or a magistrate can issue a search warrant, the police or even the district attorney can only request one. Once the police ask a judge for a search warrant it is solely up to the judge to determine whether or not there is enough probable cause to merit a search.
Since the laws that surround searches and seizures are so strict, a savvy defense attorney can cut right through any nonsense and prove that the search was illegal. Police officers have to be careful when they conduct searches or they will be at risk of ruining any case that they might have against the defendant.
Search warrants in the state of Indiana do not become public information until after they are executed. What this means is that in the event that a search warrant is issued, there will be no way for the named subject to know about it until after they have been searched. This way there is no warning and does not give the subject any chance to hide or destroy evidence before the search happens.
***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.