New Jersey Warrant Search
A warrant can have life-long consequences on its subject if it is not addressed promptly and adequately. For example, it can lead to an arrest, hefty fines, suspended driver’s licenses, being classified as a fugitive, or incarceration. As such, one should never be in the dark about their warrant status.
Individuals who suspect they have an active warrant in New Jersey can typically leverage lookup resources provided by official sources, including the following:
- Law enforcement agency in charge of executing the warrant—typically a sheriff's office
- The court that issued the warrant
Besides government sources, one may search reliable third-party websites for outstanding warrants.
Upon discovering an outstanding warrant, seeking a criminal defense attorney's expertise is recommended to prepare for what is to come.
What is a Warrant?
In New Jersey, a judicial officer can authorize a police officer to carry out an act against a person that would be illegal without such authorization. While this permission is often granted after a request by a law enforcement officer, a court may, of its own volition, make such orders in the interests of justice. This court authorization is called a warrant.
For example, a judge can release a warrant to enable the police to search an individual's property for a specific item and deliver the seized item to the court. Ordinarily, per the Fourth Amendment to the United States Constitution, U.S. residents are protected from unreasonable searches and seizures. However, since a competent judicial authority issued a warrant to that effect, the subject will have no legitimate course of action except if the officer acted outside the scope of the warrant.
Generally, warrants in New Jersey are issued upon showing probable cause, which refers to the sum of facts or circumstances that a crime has been committed. Commonly issued warrants in New Jersey include arrest, search, and bench warrants.
Are Warrants Public Record in New Jersey?
Yes. Public records, defined by the New Jersey Open Public Records Act (OPRA), are documents or materials a public office prepares, collates, or maintains. By this definition, a warrant is a perfect example of a public record, and individuals can examine or copy them at will.
Nonetheless, the public's right of access is subject to certain limitations imposed by a statute or court order. For example, a record custodian can prevent access to warrant information if it pertains to an ongoing investigation, or disclosure will be detrimental to the public interest.
How Do I Look Up Warrants in New Jersey?
Interested parties have access to multiple private websites that offer warrant lookup services. Such websites require information like a person's name, city/state, or age to generate search results matching a user's query. These sites offer several advantages.
For instance, since third-party search engines are not limited to New Jersey alone, users can find warrants issued in other jurisdictions. This is a feature that official government websites do not offer. Again, searching a private website is often convenient and fast.
When conducting warrant searches online, users may come across free warrant search websites. However, these platforms may only provide basic or limited searches at no cost. Subscribing to a website or paying per search for more accurate and comprehensive results may be necessary. Users may be charged as much as $75/month depending on their chosen provider and plan.
What is a Search Warrant in New Jersey?
A search warrant in New Jersey is a written order by a judge or magistrate that authorizes law enforcement agencies to search stipulated areas and take possession of specific items. The document is typically directed to law enforcement officers and does not name particular personnel.
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Are Search Warrants Public Records in New Jersey
No. Per Rule 3..5 (4) of the New Jersey Rules of Court, all practicable measures must be implemented to ensure that search warrants issued in New Jersey remain secret. This includes their supporting affidavits, certifications, and testimonies. Even after execution, these documents must remain confidential.
As such, individuals cannot access outstanding or executed search warrants in New Jersey except in a few situations, such as during the discovery stage in a legal proceeding.
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How Long Does it Take to Get a Search Warrant in New Jersey?
There is no stipulated time frame for obtaining a search warrant in the state. Judicial officers generally issue search warrants when convinced probable cause exists that evidence may be found at a location or on a person.
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How Long Does a Search Warrant Last?
According to Rule 3.5 (5) of the New Jersey Rules of Court, a search warrant issued by a court in the state is valid for 10 days. The warrant will become void if not executed within this timeframe.
However, the time limit for a search warrant may be altered in certain instances. For example, a search warrant obtained under NJ Rev Stat § 33:1-60 to search for intoxicating liquors on a premises is valid for 48 hours post-issuance.
What is a Bench Warrant in New Jersey?
A bench warrant is a writ that orders law enforcement personnel to arrest a named subject. Generally, bench warrants are issued when a party to a criminal or civil proceeding refuses to attend court on a scheduled date. It may also be issued when a person refuses to honor a court order.
What is an Arrest Warrant in New Jersey?
An arrest warrant is a court-issued directive for a law enforcement officer to apprehend a subject not already a part of a related criminal proceeding. The contents of a typical New Jersey arrest warrant include:
- The subject or defendant's name
- The court where the defendant must be brought upon apprehension
- The judge or court administrator's signature
How to Check if You Have a Warrant in New Jersey
Individuals can check for their outstanding warrants by querying various official custodians. This typically includes the courts, police departments, and sheriff's offices. However, these departments stipulate varying processes for obtaining records in their custody.
For example, the Monmouth County Sheriff's Office directs individuals to call a 24-hour number at (732) 431-6400 ext. 1151 to obtain or verify warrant information. Meanwhile, the Camden County Sheriff's Office processes such inquiries through its Special Services Unit at (856) 850-5909 or sbeach@sheriffcc.com within certain weekday hours.
Individuals may also need to send an OPRA request to obtain warrant information from some offices, such as the Cape May County Sheriff's Office and Asbury Park Police Department.
Can You Check Warrants Online in New Jersey?
Government agencies in New Jersey do not often maintain online warrant inquiry databases. Usually, one must contact or visit the department where they require a search. Another option is to utilize online search platforms provided by reputable service providers.
How To Find Out If You Have a Warrant for Free
Members of the public can determine their warrant status for free by querying official custodians in person, via phone call, or mail (if accepted). One can visit an agency's official website to verify the approved search methods. Individuals should note, however, that obtaining copies of any record from a public body may attract reasonable fees.
How to Find Out if Someone Has a Warrant Online For Free in New Jersey
In most cases, a person must submit a direct inquiry to a government agency to determine if someone has a warrant for free. These agencies do not typically maintain an online warrant check portal accessible to members of the public.
Interested parties can also conduct a free search on a reputable third-party website to find warrants, but a fee may be required to obtain the search results.
How Long Does a Warrant Stay Active in New Jersey?
Arrest and bench warrants issued in New Jersey last indefinitely. These warrants remain active until executed or recalled. However, search warrants have a life span of 10 days from the issuance date, subject to a few exceptions.
How Do I Find Out If I Have a Federal Warrant?
Individuals may find federal warrants by enlisting an experienced federal criminal defense attorney. One may also ascertain the existence of such warrants if federal agents ask a relative or close contact for their location or if a co-defendant in their case is apprehended by federal law enforcement agencies. A third option is to search a U.S. wanted person's list.
Other than the above, it is almost impossible for a person to determine if they are the subject of a federal warrant. This is because the central repository for federal warrants, the U.S. Marshal Service's Warrant Information System (WIN) is not publicly accessible. WIN is only accessible to law enforcement and authorized personnel to protect the integrity of federal investigations.
Individuals should note, however, that nothing stops them from sending a Freedom of Information Act (FOIA) request to the U.S. Marshals for any record they require. The request must be in writing and must accurately describe the record sought. However, they should be aware that the U.S. Marshals reserve the right to refuse warrant information requests deemed confidential. For more information on requesting records from the U.S. Marshals, individuals should visit the agency's Freedom of Information page.
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