If a person has an active arrest warrant in the state of Rhode Island it means that law enforcement officers have been directed to place that person under arrest and take them into custody as soon as possible.
Some reasons why an arrest warrant will be issued are:
- An investigation uncovered evidence that implicated the defendant in a crime
- An eyewitness to a crime implicated the defendant
- Video footage caught the defendant in the act of a crime
In the event that officers have an arrest warrant against an individual, the police have the authority to apprehend the subject of the warrant and take them to jail on sight. In order to secure an arrest officers can:
- Raid the defendant’s place of residence
- Show up at the defendant’s place of business
- Break down doors or windows to gain entry to where the defendant is
Each warrant will be different and have its own set of orders, but the end result of all warrants is to execute an action that has been ordered by a judge.
If you believe that you or somebody that you know has a warrant, we recommend that you do a Rhode Island warrant search to know for sure so that you can take action on your own terms.
Active Warrants in Rhode Island
Having an active warrant in Rhode Island means that a warrant that has been issued upon an individual has but has not yet been executed. As long as a warrant is active, the person named within it will be subject to arrest and incarceration at any time, depending on the type of warrant.
A warrant is a document that is signed into action by a judge or a magistrate. Once the signature has been implemented, the document is automatically an official court document. The action that is ordered in the document must take place in order for the warrant to be satisfied.
A warrant will specify the action that will take place once the warrant is executed. The action could be for law enforcement to:
- Arrest the individual and take them to jail
- Site the individual and issue a summons to appear
- Detain the individual and search them and their property
The instructions listed in the warrant will determine how police will treat the execution of the warrant.
Types of Warrants in Rhode Island
The United States has several types of warrants including Governer’s warrants and Capias warrants. The three types of warrants that are most commonly issued in the state of Rhode Island are:
- Arrest warrants
- Bench warrants
- Search warrants
Not all warrants are the same. In fact, each warrant that is issued will have its own unique details that stem from the circumstances of the reason for the warrant. Some warrants will be issued by a judge and a group of law enforcement officials, other warrants will be issued solely by a judge or a magistrate from the bench of the courtroom.
In any event, each type of warrant is a document that consists of specific court orders that obligate law enforcement officers to execute without delay.
Warrant Records Search
Arrest Warrants in Rhode Island
When a person is accused of a crime, law enforcement will collect evidence that shows that the person was involved with the offense that they are being accused of. The district attorney will examine the evidence and determine if it is worthy of criminal prosecution.
Once the district attorney finds that there is sufficient evidence to bring charges against the defendant, they will officially file charges, then ask a judge to grant an arrest warrant against the defendant.
Police do not need a warrant to place an individual under arrest if there is probable cause to suggest that the person committed a crime. Instances that would merit an arrest without a warrant could be:
- The police witness the defendant committing a crime
- An eyewitness tells police the defendant committed a crime
- The police encounter a defendant running away from a crime scene
Since police officers are able to determine what probable cause is at their own discretion, the variables that would determine the legality of the arrest could vary from one circumstance to the next.
In any event, once an arrest warrant has been issued it will remain active and outstanding until the person named in it is arrested.
Bench Warrants in Rhode Island
In Rhode Island when a person neglects to obey a court order they will be issued a bench warrant. This particular type of warrant is issued by the judge directly from the bench of the courtroom.
When a judge issues a bench warrant against a defendant, law enforcement:
- Will be notified of the warrant
- Can immediately arrest and detain the defendant
- Can aggressively seek out the defendant in order to make an arrest
Although the most common reason for a judge to issue a bench warrant is when a defendant fails to appear in court at an appointed date and time, there are other reasons such as:
- Defendant fails to pay a fine within the allotted amount of time
- Defendant fails to show up for a work detail sentence
- Defendant ignores a jury duty summons
A bench warrant is much like an arrest warrant in the sense that it gives police permission to place the named individual under arrest and take them to jail, however, the biggest difference between the two is that an arrest warrant is for a court case that has yet to be started, and a bench warrant is the result of a person failing to comply with a court case that is already in progress.
Search Warrants in Rhode Island
It is not legal for police officers to search the person and the property of an individual without a reason. The Fourth Amendment to the United States Constitution is supposed to protect citizens from unlawful, or unreasonable searches and seizures.
When a law enforcement official determines that there is probable cause to believe that an individual has committed a crime, or has evidence that suggests that the individual has been involved in criminal activity they can approach a judge and request a search warrant.
A search warrant gives police permission to search the person and the property of the individual named in the warrant, as long as the officers conducting the search stay within the boundaries of the directions in the warrant.
Information that has to be included in the warrant is details such as:
- The name or description of the person to be searched
- The area that the search will be allowed to take place
- The reason for the search
- What the officers are looking for
For example, if the person named in the search warrant is accused of selling illegal drugs, the warrant will specify why the search is taking place and what to look for during the search. Police are not allowed to search in a manner that does not match the outline of the warrant.
Police have to make sure that they follow all of the laws and stipulations that are ordered in the search. If the search is found to be illegal, every bit of evidence that they discover will be considered illegal.
Why Warrant Searches are Important
Although people can’t search for active search warrants, they can search for active arrest warrants and active bench warrants. The reason why conducting regular warrant searches is so important is that many of the people that have active warrants against them don’t even know that they exist. If a person is aware that they have a warrant, they are empowered with knowledge that can ultimately save them from an embarrassing arrest incident, and maybe even help them to avoid jail completely.
***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.