North Dakota Warrant Search: How to View Warrant Records in North Dakota
September 6, 2022
Warrants are typically issued for the express purpose of bringing an offender before a competent court to respond to allegations leveled against them.
These allegations may be made by members of law enforcement agencies on behalf of the state of North Dakota, or private individuals.
In and of themselves, warrants cannot be considered evidence that a person is guilty of a crime. However, they do permit law enforcement officers to perform some acts that would ordinarily violate the subject's Fourth Amendment rights.
Law enforcement officers are authorized to arrest anyone with active or outstanding warrants on their records, and things may degenerate rapidly for any person caught in such a situation.
To protect yourself against such a scenario, it's advisable to periodically check your records for warrants. We've explained how to find North Dakota warrants in this article.
North Dakota Warrants: What Are They?
Warrants are official documents that give law enforcement officers the legal right to arrest and detain a person, or search and possibly seize their property.
Law enforcement agents who perform any of these acts on citizens without the legal backing a warrant offers may be found guilty of violating their Fourth Amendment rights and may be at risk of being on the receiving end of official sanctions.
Having said that, North Dakota law does permit law enforcement officers to execute arrests without warrants in a few cases.
Probable cause is the most important prerequisite for the issuance of warrants in North Dakota.
Affiants who petition courts in North Dakota for warrants must submit a sworn affidavit detailing the name of the accused, the crime they’re accused of committing, and probable cause why the action should be considered an offense.
Upon determining, beyond any reasonable doubt, the existence of probable cause, the judicial officer may issue the requested warrant.
North Dakota warrants become active immediately after they are signed by a competent judge. It is the duty of law enforcement officers to execute active warrants as soon as possible, oftentimes without giving prior notice to the subjects of the warrants.
Sometimes, peace officers may even cross county and state borders when executing warrants.
Types of Warrants in North Dakota
Courts in North Dakota issue different kinds of warrants based on the specific requirements of each legal procedure.
The most common types of warrants are arrest warrants, bench warrants, and search warrants. More types of warrants include tax and child support warrants, as well as capias warrants.
Arrest Warrants in North Dakota
Arrest warrants are court-issued documents that give law enforcement officers the right to arrest and detain the subject of the warrant.
Arrest records are typically only issued to law enforcement agents by a judicial officer in North Dakota after the establishment of probable cause.
Officers requesting an arrest warrant must submit a sworn affidavit detailing information about the crime and the county in which it was committed.
Search Warrants in North Dakota
As the name implies, a search warrant authorizes a law enforcement officer to search the residence or property listed on the warrant and seize specific items as evidence in connection with an investigation.
Judicial officers in North Dakota base the issuance of search warrants on the establishment of probable cause and the presentation of a sworn statement.
In North Dakota, search warrants expire after 10 days, but they may be re-issued if the court recognizes the continued existence of probable cause.
Bench Warrants in North Dakota
When an individual fails to pay a court-issued fine or deliberately ignores a court summons, a judge, magistrate, or court clerk in North Dakota may issue a bench warrant for their immediate arrest.
Unlike what applies in other states, law enforcement officers in North Dakota execute bench warrants in the same way as they execute arrest warrants.
How to Find Warrants in North Dakota
You can find out for sure if you have an active or outstanding warrant against you in North Dakota or not through the following ways:
North Dakota Bureau of Criminal Investigation (BCI)
One of the best ways to find out if there is a warrant on your record is to perform a background check through the North Dakota BCI.
You may request a personal criminal history records check by filling out a request form on the BCI website and submitting it, along with a $15 service fee, to the BCI.
You must pay in check or money order as cash is not accepted by the BCI. It takes the BCI between seven to ten working days to process requests.
North Dakota courts are in charge of issuing warrants as well as keeping records of them.
Interested people may find information about active warrants in the state on the website of the North Dakota Courts Records Inquiry.
Several search parameters, including case party names, date filed, and county, are provided by the website.
Local Law Enforcement Websites
A few sheriff’s offices, local police departments, and counties provide publicly-accessible warrant search databases and portals on their websites.
You may check the website of your local law enforcement office to check if there’s such a tool there.
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