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Maryland Warrant Search
Maryland warrant searches are a critical aspect of personal and legal due diligence in the state. They enable individuals to find and identify outstanding warrants issued by district and circuit court judges to sanction arrests, searches, or seizures.
Understanding the details of an outstanding warrant helps people resolve personal legal issues or provide adequate support for loved ones. That way, they can avoid legal complications, such as unexpected arrests and suspended driving privileges. Moreover, individuals can view publicly available warrant information to assess crime in their environments.
Maryland has several resources and agencies that can help interested parties find outstanding warrants. They include local law enforcement offices, court-provided case search portals, and clerks' offices. However, warrants are primarily considered part of Maryland criminal court records and are accessible through the judiciary. Notwithstanding, warrants are not proof of guilt.
Are Warrants Public Records in Maryland?
Yes, Maryland warrants are generally considered public records with specific exceptions. The Maryland Public Information Act (Md. General Provisions Code Ann. § 4-101) establishes the right of the people to inspect and obtain records created and maintained by the state's public bodies, including sheriff's offices, police departments, and the Commissioner of Land Patents (State Archivist), who serve as custodians for certain warrants.
Maryland's court rules also permit the public inspection of certain warrants issued by courts under specific circumstances.
In Maryland, search warrants are sealed and can only be inspected and obtained by people directly involved in a case or by court order. Arrest warrants can be viewed and obtained only when a warrant has been executed or remains active after 90 days. However, law enforcement agents are permitted to release arrest warrant information. Generally, the public cannot assess and obtain warrant records or information restricted by federal law, state statutes, and court rules.
Md. Rule 16-911-16-914 and Md. General Provisions Code Ann. § 4-301-4-362 covers records and information with limited access in Maryland.
Types of Warrants in Maryland
Maryland courts and other authorized bodies issue different types of warrants. Understanding the nature and purpose of these warrants can guide an individual's warrant inquiry.
Arrest Warrants
Court commissioners and district or circuit court judges issue arrest warrants in Maryland. These writs authorize law enforcement officers to take an individual into custody when reasonable cause exists to believe that the individual committed or was involved in a crime.
Search Warrants
Judges issue search warrants to authorize law enforcement to inspect the subject of the warrant for evidence of crime. These warrants are commonly called "search and seizure warrants" because they permit law enforcement to seize items believed to be connected to crimes during the search. Unlike arrest warrants, search warrants must be executed within 10 days or become void.
Bench Warrants
Bench warrants are issued by judges during court proceedings. They command law enforcement to arrest a person, usually due to their failure to appear in court or fulfill specific legal obligations, such as paying a fine or completing probation.
Bench warrants are similar to arrest warrants because they order an individual's arrest. However, they do not require the application and issuance process as regular arrest and search warrants.
Hospital Warrants
Per Md. Criminal Procedure Code Ann. § 3-101(e), hospital warrants are legal paperwork that authorizes law enforcement agents to apprehend individuals suspected of violating conditional release orders and detain them in facilities designated by the Maryland Department of Health.
Civil and Administrative Warrants
These warrants are connected with domestic cases or regulatory functions rather than criminal proceedings. For example, child custody warrants authorize law enforcement to take custody of a child per Md. Family Law Code Ann. § 9.5-311.
Another example is an administrative warrant issued to the Department of Agriculture. The department, like other similar bodies, can request administrative warrants to enter farms and conduct inspections for possible violations (Md. Agriculture Code Ann. § 2-103.2).
Land survey warrants
Unpatented lands in Maryland are considered vacant land by law. People who want their lands patented must apply for a warrant with the Commissioner of Land Patents (State Archivist) to survey the land. The warrant application must contain the names and addresses of the applicant and other people interested in the land, the counties and election districts where the land is located, a description of the vacant land, and current possessors of the land's title, among other information required by Md. Real Property Code Ann. § 13-302.
What is a Search Warrant in Maryland?
A Maryland search warrant is paperwork issued by a judge directing law enforcement officers to search a person, premises, or location and seize items that may be evidence of a crime.
Law enforcement seeking to search any location must apply in writing to a judge and provide probable cause. Per Md. Criminal Procedure Code Ann. § 1-203(3), the applicant must sign, date, and swear to the application (or affidavit) and provide facts or grounds supporting the search and seizure. The affiant (applicant) can submit the search warrant application and other supporting documents to a district or circuit court judge by electronic mail, secure fax, or in-person delivery.
Maryland also allows law enforcement agents and the State's Attorney to apply for no-knock search warrants. These warrants allow police officers to enter any premises without announcing their presence, purpose, or authority. However, the applicant must provide relevant material to convince the judge that the warrant is necessary.
An applicant can communicate with the judge about an affidavit's contents in person, via video, or by phone.
Upon conviction that probable cause exists, the judge will sign the warrant, indicate the date and time of issuance, and send it to the applicant.
An issued Maryland search warrant contains the following details:
- The address, name, or description of the person, premises, or location to be searched
- The reason(s) for the search
- The applicant's name
- Whether it is a no-knock search warrant
Maryland law also states that search warrants must be executed within 10 days after issuance. The warrant becomes void after this period.
How Long Does It Take to Get a Search Warrant?
Law enforcement can secure search warrants as soon as they convince a judge that probable cause exists to search a place or person. They do not have to appear in person to swear before a judge as the law permits them to communicate via telephone or video and send a search warrant application electronically. The judge can also return the signed warrant electronically.
What is an Arrest Warrant in Maryland?
Arrest warrants authorize law enforcement officers to apprehend and detain individuals. Issuance of arrest warrants is a strict process that must recognize probable cause. That means a judge or commissioner must be convinced, upon reviewing a charging document, that there are substantial grounds to believe an individual committed or may commit a crime.
Arrest warrants can also be issued if a defendant's whereabouts are unknown, and the warrant will force them to appear before the court.
These warrants are resolved when a subject is taken into custody or turns themselves in to answer the charges. Nonetheless, warrants can be recalled by district and circuit court judges upon finding reasonable cause.
Law enforcement agents are required by law to present arrested defendants before authorized judicial officers within 24 hours (in district courts) or during the court's next session (in circuit courts). An arrest warrant will detail the arrestees personal information including their name, birthdate and race as well as the arrest location or site and the offender's alleged offense.
Arrest Warrant Lookup in Maryland
Arrest warrants are issued by courts and executed by law enforcement in Maryland. Thus, individuals can query any of these bodies for active warrants. However, knowing the jurisdiction where a case is open or a crime might have occurred can point the researcher to the type of warrant that may have been issued and its record custodian.
For example, traffic violations are handled by district courts. If a party knows the specific court that handled a traffic violation proceeding, they can access its public records resources to locate outstanding arrest warrants.
Generally, members of the public can use the following avenues to look up arrest warrants in Maryland:
Courthouses
Individuals can visit or contact the clerk's office of the court that issued a warrant. These records are usually available for public review 90 days after issuance or after a warrant has been executed.
Local Law Enforcement
Police departments and county sheriff's offices run specific units for executing warrants and handling inquiries about arrest warrants. These units aid people who want to turn themselves in to resolve legal issues. They also welcome individuals who want to assist law enforcement with pertinent information about defendants. For example, people can contact the Warrant Section of Montgomery County's Department of Police to check if a warrant has been issued for their arrest.
Official Online Resources
Different agencies and local bodies provide online platforms that allow members of the public to search for active arrest records in Maryland. For example, individuals can access the Maryland Judiciary Search platform to find warrant records from the district and circuit courts. Some county sheriff's offices also run active warrant databases. For example, the Anne Arundel County Sheriff's Office provides an active warrants database displaying warrants active for six months or longer.
It is important to note that online databases do not exclusively contain unserved warrants, as served warrants may still appear on some platforms until removed. The Maryland Judiciary Case Search may also not provide certain criminal case records, especially if it is restricted by law.
Individuals are advised to confirm each record's accuracy with local authorities.
How to Find Out If You Have a Warrant in Maryland
Members of the public can visit or contact different agencies to check if they have a warrant in Maryland, depending on the type of warrant.
Arrest Warrants
Individuals can obtain arrest warrant information by visiting the local courthouse where a warrant might have been issued or by accessing Maryland's online judiciary case search system.
They can also contact or visit local law enforcement agencies, as these offices execute and maintain arrest warrant records. For example, people looking to find individuals with active warrants in Calvert County can head to the Most Wanted page of the local sheriff.
Bench Warrants
Bench warrants are issued by judges for the arrest of individuals who fail to show up in court or comply with court directives. People who have interacted with law enforcement agencies or had citations in the past can use the same method of checking for arrest warrants to confirm if they have bench warrants. These warrants typically have the words "contempt," "contempt of court," and "body attachment" in their captions.
Hospital Warrants
Hospital warrants are issued by courts. Copies of these warrants are sent to the people who reported a defendant's alleged violation, the State Attorney, the public defender, the defendant's counsel of record, the Office of Administrative Hearings, and the Maryland Department of Health. Interested and eligible individuals can contact any of these named bodies to check for an active hospital warrant.
Search Warrants
Search warrants are only filed with clerks of courts after they have been executed. Executed search warrants are automatically sealed and can only be viewed with the court's permission. However, individuals whose properties or premises were searched will receive copies of the search warrant and its return documents, such as an inventory of items seized during the search.
Eligible individuals can also visit a courthouse to request copies of search warrants.
Child Support Warrant
People who owe past due child support may have warrants issued for the arrests. These warrants are usually captioned "contempt of court." Individuals who may have fallen behind on their child support payments can check with the court to confirm if they have a warrant. Many county sheriff's offices also publish names and details of people with outstanding child support warrants on their websites.
For instance, the Harford County Sheriff's Office maintains a dedicated webpage that displays information about people wanted for child support. This information includes defendants' names, pictures, dates of birth, and last known addresses.
Civil and Administrative Warrants
Individuals can obtain certain civil and administrative warrants from the issuing courthouses. It is important to note that warrants issued in certain domestic cases may only be released to parties to the case.
Land Survey Warrants
Md. Real Property Code Ann. § 13-204 authorizes the Commissioner of Land Patents to maintain and dispense records pertaining to land patents in the state, including survey warrants. Members of the public can contact the office to find and obtain these warrants.
Free Warrant Search in Maryland
Interested individuals can obtain active warrant information for free when they use online resources provided by the Maryland Judiciary and local law enforcement agencies. They can also inspect court records for free at courthouse locations, provided court staff do not spend more than two hours searching for a record (Md. General Provisions Code Ann. § 4-206).
How to Find Out If Someone Has A Warrant Online
Members of the public can find search warrants using online resources provided by the Maryland courts and local law enforcement agencies, as previously highlighted.
Civilians can also use third-party aggregate websites to conduct online warrant searches. These websites pool publicly available information from official sources, allowing users to search for warrants from a single database.
In most cases, a researcher does not need to know the specific body that issued a warrant or the place where a crime might have occurred in Maryland. Simply providing a last and first name can produce the required results.
Note that third-party websites are private businesses that charge fees for their services. Depending on the provider, users may have to pay per search or subscribe for a specific duration. It is also important to understand that third-party vendors are not affiliated with any public agency. Users are advised to confirm each warrant's accuracy with the appropriate court or law enforcement agency.
However, note that records displayed on publicly available online databases are not considered official information. Such databases are usually provided for informational purposes and should not be used as a basis for any legal action.
How Long Do Warrants Last in Maryland?
Warrant duration limits vary, depending on the warrant. Warrants that permit the arrest of an individual, such as the bench, child custody, and hospital warrants, remain active until the subject is taken into custody or a judge recalls the warrant. Search warrants last for 10 days once issued, after which they become void. Survey warrants issued by the Land Office are executable within six months of their issuance.