Missouri Arrest & Search Warrant Lawyer

The Fourth Amendment guarantees Americans the right to be protected against unreasonable searches and seizures. Therefore, police officers are generally not permitted to search your property or arrest you without a warrant. However, law enforcement officers can make an arrest in certain situations even without a warrant. Any evidence obtained through an unlawful arrest or search may not be admissible in court.

If there is an active arrest warrant for you in Missouri, it may be in your best interest to lawyer up. Criminal defense lawyers at Benjamin Law Firm, LLC are here for you. We can help you understand the charges against you and work with you to get them dropped or reduced. 

What Are Arrest Warrants?

Arrest warrants are court-issued documents to authorize the apprehension and detention of someone suspected of committing a crime. However, there must be probable cause and sufficient evidence linking the individual named in the arrest warrant to the crime. 

To obtain a criminal arrest warrant, Missouri law enforcement officials must present a judge with an affidavit establishing probable cause that the suspect committed the specified crime to a judge. The judge will only authorize and sign the warrant if they think probable cause was established.

The police officer can arrest the individual at any place or time once they receive the warrant. However, they are required to inform the individual about the warrant and the reason for the arrest. During the arrest, the officer must recite your Miranda rights.

You should always invoke your right to remain silent and consult an attorney, regardless of any facts.

What Are Search Warrants?

Just like arrest warrants, search warrants are issued by a judge to allow officers to enter specific locations and search for specific evidence. However, the officers must establish probable cause that the evidence they need for the case is located where they intend to search. 

The officers must submit an affidavit to the judge to obtain a warrant. In it, they give details such as the area they wish to search and items they intend to seize. Reasons for believing the location contains evidence of a crime should also be given. The judge only issues the search warrant if they find probable cause. 

The officers must follow the outlined instructions in the search warrant. They can only search the parts indicated in the document for the specified item. The evidence recovered in the search, if relevant to the case, is admissible in court. 

As a property owner, you can be present during the search. This is unless the judge determines that your actions might hinder the investigation. You also have the right to read the warrant and make sure it’s accurate.

Are Warrants Public Record in Missouri?

Warrants are public records in Missouri. However, the available information may vary with circumstances.

Arrest Warrants

In Missouri, these warrants are public records, but the particulars of active warrants are private. Keeping the records private is crucial for protecting an ongoing investigation. It is also for witness protection and public safety. 

Arrest warrants become public once the arrest and investigation are complete. You can access this information through the local law enforcement agency or online databases.

Search Warrants

Missouri search warrants are public records once the officers complete the search. Released details include location, date, property owner, and seized items. This information can be found in the courthouse that issued the search warrant. 

It’s best to know that privacy consideration is common when issuing a warrant. Doing this protects individuals and ongoing investigations. Police officers may restrict some details to protect private or sensitive information.

Types of Arrest Warrants

Missouri has two types of arrest warrants – Bench warrants and Felony warrants. Although the two are for apprehension purposes, they’re issued under different circumstances. 

Bench Warrant

Bench warrants are arrest warrants issued by a judge for individuals who have failed to return on their court date.

Fugitive warrant

Fugitive warrants are issued to arrest a suspect who fled to another state.

Capias Warrant

Capias warrants are used to arrest and bring a person who has a guilty judgment but fails to comply with court orders.

How Do I Check if I Have an Arrest Warrant in Missouri?

Because warrants are public records in Missouri, you can look up and find any arrest warrants for you in several ways.

Contact the Local Authorities

If you suspect a warrant is out for you, contact your local Sheriff’s department. Give them your name and address, and they will check for you. The staff might ask you to provide identification to verify it’s you. They’ll even give you tips on how to conduct an online .

Check Online Databases

Some Missouri counties have online databases containing active warrants. You can conduct a Missouri warrant search on the county sheriff’s website or court system. The databases have a warrants list  you can browse through to find yours. 

Use Missouri’s Case.net Portal

Besides providing court case records, Missouri also has an online. On this portal, you can check for information about warrants. Case.net is a great information source, especially if you’re always on the move. 

How Long Does a Warrant Stay Active in Missouri?

Regardless of the type of warrant and the underlying criminal charges, they stay active indefinitely. Unless the person named in the warrant is apprehended or dead, the warrant will always be active.

Statute of Limitation

Missouri has a statute of limitation for many criminal offenses. A warrant would be void if the statute of limitation has lapsed.

Recalling or Quashing the Warrant

A judge might recall or quash the warrant in exceptional cases, such as when new evidence shows that the person named in the warrant is no longer a suspect.

Benjamin Law Firm, LLC Can Help You

Whether you were arrested or your property searched and seized, it’s crucial to seek the help of an experienced criminal attorney. They will explain your case and charges and explain your legal options. Attorneys at Benjamin Law Firm, LLC can give you the guidance you need to obtain favorable results.

Contact us today to schedule a free consultation!