With an arrest warrant in the state of Oklahoma, an agent may break open an outer or inner door or window of a dwelling house in order to make an arrest if they are denied entry into the residence.
Some reasons why a person could have a warrant out for their arrest are:
- Federal indictment
- Evidence they were involved in a crime
- Eyewitness identified suspect committing a crime
As soon as a judge signs an arrest warrant or a bench warrant into action the police have permission to act on the warrant and bring the named subject to jail regardless of what they are doing or where they are at.
A warrant can lead up to an embarrassing circumstance if you are handcuffed and placed under arrest at work, at school, or even at an event with family and friends.
If you believe that you or somebody that you know has a warrant, we recommend that you do an Oklahoma warrant search to know for sure so that you can take action on your own terms.
Outstanding Warrants in Oklahoma
A warrant simply explained, is a document with instructions that is signed into effect by a magistrate or a judge. The instructions of each document will be unique to each case. The people named on the warrant and the contact information of the defendant will differ from case to case.
An outstanding warrant , on the other hand, is still a warrant but it has not been executed or satisfied yet. A person with an outstanding - or active - warrant is at risk of being arrested and detained at any moment.
When a warrant is issued police have permission to:
- Make an arrest
- Detain the subject
- Search the subject
Depending on the details that are outlined within the warrant police will have different boundaries that they can not cross in the event of the execution of the warrant. The type of warrant that is issued makes a difference in how the warrant will be handled by police.
Types of Warrants in Oklahoma
Since police officers and other law enforcement agents can’t simply search and arrest anybody for whatever random reason, the United States has incorporated laws and regulations that are in place so that people can be treated fairly and not be bullied by the government.
There are three basic types of warrants in the state of Oklahoma:
- Arrest warrants
- Bench warrants
- Search warrants
Although each of these types of warrants is similar in the context that they are all official documents signed by a judge or magistrate, they each have a different purpose and origin. The way they are handled can be very different depending on the circumstances.
Where arrest warrants and bench warrants are alike in the way that officers can immediately arrest the person named within, search warrants on the other hand allow officers to search a specified area in order to collect evidence that may prove involvement in a crime.
Warrant Records Search
Arrest Warrants in Oklahoma
Technically, police in Oklahoma do not need an arrest warrant to place an individual under arrest if there is enough probable cause to suggest that the person has committed a crime. However, when a law enforcement officer has a warrant they have an advantage over the situation.
Not only can the arresting officer break down the door or window in order to arrest a suspect they can also:
- Search the person and the immediate area of the person
- Detain the person, place them in handcuffs
- Transport the person to the county jail
In the event of an arrest, a police officer must inform the defendant of the charges that have been placed against them. Police are also required to inform anybody that they arrest of their Miranda rights before they ask them any questions pertaining to the case.
The warrant that is issued must clearly state:
- The identity of the person named on the warrant
- The charges that have been filed against them
- The date that the warrant was issued
- The city, town, county where the warrant was issued
In order for a judge to grant an arrest warrant, there must be a reasonable amount of probable cause that implicates the person named in the warrant.
Bench Warrants in Oklahoma
A bench warrant is much like an arrest warrant, however, the source of the issuance is different. When a judge or magistrate issues a bench warrant against a person it is directly from the bench in the courtroom without any involvement from law enforcement.
There are many reasons why a judge will issue a bench warrant, but all reasons stem from a defendant’s failure to comply with a court order. Bench warrants come from instances where a person that is already involved in a case has neglected to perform a task in one form or another.
Common reasons for bench warrants are:
- Failure to appear at a court hearing
- Failure to pay a fine in an allotted time frame
- Failure to comply with an order of the court
Depending on the severity of the circumstances law enforcement officers may aggressively seek the whereabouts of a person with a bench warrant…or just wait for the person to show up in a routine traffic stop.
Whether the police hunt the suspect down or wait for them to slip up they still have the same authority and power to arrest, detain, and incarcerate the person named in the warrant at any time or any place.
A bench warrant will not expire or go away after any amount of time. The only way to satisfy this type of warrant is to be seen in court by a judge, or have it dismissed by a judge for some other reason.
Search Warrants in Oklahoma
One of the ways that law enforcement keeps suspects from knowing that a search warrant is in effect is that this type of warrant will not become public information until after it has been executed.
When a judge is presented with evidence that there is enough probable cause to suggest that a person has evidence that will prove they have been involved in a crime they will grant a warrant for the search of a person’s property.
Situations that commonly justify the issuance of a search warrant are:
- Probable possession of stolen goods
- Probable possession of illegal drugs
- Probable possession of illegal weapons
- Probable possession of child pornography
When law enforcement has a valid search warrant against a person they have the permission to forcibly search the body and property of a person if need be. If the person named in the warrant refuses to allow law enforcement to search, they can be arrested and detained until after the search has been executed.
Furthermore, the person that refuses to allow a search can accumulate criminal charges and be booked into jail for those charges.
A search warrant must be carried out in a way that complies with the federal laws that are in place that protect citizens from unreasonable searches and seizures, and in compliance with the orders that are stipulated within the warrant.
If a search warrant is executed in a manner that differs from state laws, federal, laws, and the instructions within the warrant all of the evidence that is discovered in the search can be thrown out due to illegal practices by law enforcement.
There are plenty of defense attorneys out there that have the skills and the knowledge to get evidence thrown out due to technicalities.
Why Warrant Searches are Important
A warrant, regardless of the type, is a green light for law enforcement to invade the privacy and the life of the person named on it. At any given moment, when a person has an active warrant, they are at risk of being arrested and hauled off to jail. By continually performing warrant searches a person can have an idea of whether or not they are wanted by authorities. They can also have the opportunity to deal with the warrant in a manner that is convenient for them, and not fall prey to the legal system. Knowledge is power. Take advantage of it.
***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.