An arrest warrant in Minnesota calls for the immediate apprehension and arrest of an individual that has been accused of criminal activity. Serious crimes that merit an arrest warrant are:
- Sexual assault
Although a police officer can arrest a person without the need of a warrant if they have probable cause to indicate that the person is involved with a crime, having a valid warrant for the arrest of an individual gives authorities much more power than an arrest without one.
If a person has a warrant against them in Minnesota the authorities can arrest them at any time and at any place without question. In the event of police contact while a person has a warrant it is highly likely that the person named on the warrant will go to jail.
Officers are able to make an arrest:
- At the residence
- At the place of business
- In a public setting such as a party
If you believe that you or somebody that you know has a warrant, we recommend that you do a Minnesota warrant search to know for sure so that you can take action on your own terms.
Active Warrants in Minnesota
A warrant in Minnesota will remain active until it is executed. The definition of an active warrant is a warrant that has not yet been satisfied by law enforcement agencies.
A warrant is issued by a judge or a magistrate that has found probable cause and signed the warrant into effect. Once it is signed, it is active and will remain that way until a judge signs it off, or a court action deems the warrant void.
Law enforcement will handle the warrant based on:
- The type of warrant it is
- The circumstances surrounding the warrant
- The factor of public safety
If a person has an ”active” warrant in the state of Minnesota they are subject to the terms written in the warrant at any time.
The type of warrant that is issued against the individual will determine the way that law enforcement will execute the conditions listed in the warrant.
Types of Warrants in Minnesota
There are countless types of variants of warrants that can be issued throughout the United States and the rest of the world, but the basic basis of all warrants stem from one of these three types:
- Arrest warrants
- Bench warrants
- Search warrants
While arrest warrants and bench warrants are very similar because they call for the person named on them to be held accountable in the court system, a search warrant is a tool that allows law enforcement to seek out evidence that will potentially prove a crime or involvement with criminal activity.
Although there are laws in place that are supposed to protect citizens from aggressive and illegal police behavior, sometimes the balance between personal privacy and public safety clash with each other, and police have to make tough choices in order to keep people out of harm’s way.
Warrant Records Search
Arrest Warrants in Minnesota
Most of the time when an arrest warrant is signed into action by a judge it is because the district attorney has already officially filed charges against the defendant. Since the judge, by law, can not grant a warrant of any kind unless they are convinced that there is enough probable cause to justify the warrant, they would prefer to wait for charges to be filed.
An arrest warrant can be issued in regards to a person:
- That has been witnessed engaged in crime
- That has been indicted by federal laws
- That has been identified as a participant in a crime by the police
Law enforcement officers can request an arrest warrant from a judge during off-hours of the court. If there is a situation that threatens the safety of citizens, and the judge is convinced that there is ample probable cause that implicates the defendant as committing crimes they can grant the warrant.
It is better to have an official arrest warrant in place before an arrest because a good defense attorney will be able to point out flaws with an arrest that happened without a warrant and get the case thrown out of court.
Bench Warrants in Minnesota
A bench warrant is issued by a judge from the bench of the courtroom. Most of the bench warrants that are issued are the result of a defendant not being present for an appointed court date.
Some other common reasons for a bench warrant are:
- Failure to comply with a court order
- Failure to appear for jury duty
- Failure to pay a fine on time
Whatever the reason is behind the judge choosing to issue the warrant, as soon as the warrant becomes active the person named in it will be subject to immediate arrest and incarceration.
It is not up to the court to notify a person that has a warrant issued against them. A defendant can be in society for years living day-to-day life and not even be aware that there is a warrant out for them until they get arrested.
A bench warrant is a lot like an arrest warrant in the sense that it gives authorities complete control over the defendant. If a police officer discovers that a person that they have pulled over in a traffic stop has a bench warrant they can arrest them on sight and bring them to the county jail.
In most cases, an officer will choose not to arrest the individual, but order them to appear in court on a certain date so that they can be seen by a judge.
Search Warrants in Minnesota
A judge will issue a search warrant against an individual if there is probable cause that suggests the person is engaged in criminal activity, or that the person is in possession of evidence that could prove that a crime has been committed.
Officers can approach a judge and request a search warrant if they feel that a person has probably been involved in a crime and that a search could provide evidence.
Although there are laws in place that should protect citizens from unreasonable and unnecessary searches and seizures, according to the Fourth Amendment, an officer can merit their own justifications regarding public safety and the need to conduct searches.
Reasons why a judge will grant a search warrant are:
- The subject is probably involved with drug sales
- The subject is probably in possession of property used in a crime
- The subject is probably in possession of illegal firearms
- The subject is probably in possession of child porn
A search warrant will allow law enforcement offices to conduct a search of the person and the property of the individual named in the warrant.
When the police conduct the search they must be aware of the details of the permissions and limitations that are stipulated in the warrant, otherwise, the whole search could be deemed illegal.
Any evidence that is discovered during the search will be confiscated and brought into the custody of the court in order to further prosecute the accused.
Being Aware of Warrants
It is not in the best interests of the court to notify a person that there is a warrant out against them. The best way to know whether or not you have a warrant is to do regular warrant searches on an online platform so that if you do have a warrant you can make arrangements to deal with it as you see fit before the cops arrest you.
***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.