In the state of Mississippi an officer, or even a private person, can arrest another person without the need for a warrant, as long as there is reasonable ground to implicate that the subject committed the crime.
Reasonable ground can mean:
- Police witnessed the crime take place
- Subject was in the vicinity of the crime without explanation
- Witness saw the crime committed by the suspect
- Evidence of a crime was committed by the suspect is in plain sight
Although an arrest warrant is not necessary for an arrest in the event that there is probable cause, once an arrest warrant or a bench warrant becomes active, the subject in the warrant can be arrested and taken to jail at any time.
If you believe that you or somebody that you know has an active warrant, we recommend that you do a Mississippi warrant search to know for sure so that you can take action on your own terms.
Active Warrants in the State of Mississippi
A warrant is a legal document that is signed into action by either a judge or a magistrate of the court. As soon as the warrant is signed, it is active and the police or other law enforcement agencies have the authority to act on the terms of the warrant.
An active warrant means that the warrant has been issued and signed by a judge, but the orders laid out in the document have not been executed. As long as an active warrant exists, the person named on it will be held accountable if possible.
Once a warrant is active it will be in effect until it is either executed through the authorities or signed off by a judge. What this means is that an officer can arrest or search, depending on the type of warrant issued, the person named in the warrant at any time.
Types of Warrants in Mississippi
Although there are various types of warrants that the court system can put into place depending on the situation, the three most common types of warrants are:
- Search warrants
- Arrest warrants
- Bench warrants
Though warrants are very much alike in the context that they are all placed before a judge to be signed into action before they can be legally executed, all three of them are very different when it comes to the details that make them up.
Warrant Records Search
Search Warrants in Mississippi
The tricky thing about search warrants is that they are not considered public information until after they are executed. What this means is that you can not simply search to see if there is an active search warrant against you, or somebody else, and get a warning before they come to search your property.
The citizens of the United States are protected under the Fourth Amendment to the Constitution of the United States from unreasonable or illegal search and seizure tactics. In addition to the Fourth Amendment, Mississippi has its own rules of criminal procedure that help to maintain the balance between personal privacy and community safety.
When a person is accused of being involved in criminal activity a law enforcement representative can bring evidence to a judge in order to obtain a legitimate search warrant.
Criminal activities that justify a search warrant can be:
- Theft or possession of stolen goods
- Drug possession or drug sales
- Possession of illegal property such as illegal firearms
- Possession of property that has been used to commit a felony
- Cybercriminal activity
When a judge issues a warrant and it is signed into effect it must specify the person to be searched and the areas that the officers are allowed or expected to search.
If an officer searches beyond the boundaries of the search premises and finds evidence that suggests criminal activity, the evidence can be suppressed in court and become invalid for conviction purposes.
Arrest Warrants in Mississippi
In the event of an active arrest warrant, the subject of the warrant can be arrested, detained, and taken to jail at any time. Although officers in the state of Mississippi do not need a warrant in order to make an arrest on an individual caught in the act of a crime, they do need a warrant in order to arrest a person at their home or any other place.
Circumstances that can merit an arrest warrant can be:
- A federal indictment
- A witness identifies the suspect and reports the crime to the police
- Incriminating evidence is found at a crime scene
- Video surveillance footage implicates the suspect in the act of a crime
Just because a person has an active arrest warrant against them does not mean that they are guilty of the crime. The purpose of the arrest warrant is to bring the suspect into the court system and try them for the accused crime.
In some cases, the police can personally request an arrest warrant from the judge before a district attorney files official charges. In most cases, an arrest warrant is signed into action by a judge after the district attorney files charges and makes a case against them.
In any event, when an arrest warrant is signed into action by a judge or a magistrate it will remain active until it is executed and the subject of the warrant is heard in the courtroom, or a judge personally dismisses it.
Bench Warrants in Mississippi
When a judge issues a bench warrant in Mississippi it is due to a defendant failing a court order. The most common reasons why a judge issues a bench warrant are because of:
- Failures to appear in court
- Failures to pay a fine in the allotted amount of time
- Failure to show up to work detail or community service
- Failures to comply with a direct court order
In most cases when a judge issues a bench warrant, it is due to a case that is already in process. When a judge issues a bench warrant it is literally written, signed, and implemented directly from the judges’ bench in the courtroom.
Bench warrants are much like arrest warrants because they grant law enforcement officers permission to place the subject under arrest and haul them to jail whenever and wherever they are found.
In some cases where the case is serious and the person is a threat to the community the law enforcement agency that covers the area of the courthouse will actively and aggressively seek out the defendant in order to remand them into the custody of the court.
In other cases, the police will not ”hunt down” the criminal to bring them to justice, but will patiently wait for them to slip up and get pulled over or initiate police contact in some other way.
A bench warrant will remain active until the person is brought to court, or the judge signs it out of commission.
Why Do Regular Warrant Searches?
If you live the kind of lifestyle that could end up in the event of an active arrest warrant, or a bench warrant it is always wise to know whether or not you are being sought after. When the police arrest a person for a warrant there is no room for negotiation or anything else. In most cases, the officers will put cuffs on the subject and book them into the nearest county jail.
When you conduct regular searches you give yourself an opportunity to clear up any warrants without the agony and embarrassment of a hard arrest. When you are aware of arrest warrants you have the power to deal with them on your own terms.
***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.