Are Warrants Public Record in Louisiana?
Per the Louisiana Public Records Act, warrants are public records. Thus, anyone can request to inspect or obtain copies of warrants from law enforcement agencies. This request can be made online or in person at the appropriate record custodian office. While most warrants are available for public perusal, certain restrictions and exemptions might preclude an immediate release of information. For example, a warrant can be confidential when a court order authorizes it to be closed to the public. Warrants pertaining to juveniles are also confidential in Louisiana. Generally, warrants are maintained as judicial records and within Louisiana criminal records. Thus, they are accessible through the state’s courts and law enforcement agencies,
What is Considered a Warrant in Louisiana?
A warrant in Louisiana is a written order a judicial officer issues as a basis to search or arrest a suspect. Warrants give the enforcers, usually peace officers, the right to legally carry out an action that would otherwise be deemed unlawful. A judicial officer issuing a warrant may be a judge (District Court or City Court), magistrate, or the Justice of the Peace. Under the Louisiana Code of Criminal Procedure (CCPR), the state courts may issue different warrants, like arrest warrants, search warrants, bench warrants, governors' warrants, etc.
A judge may only issue a warrant if there is an establishment of probable cause in the affidavit. It means anyone who can lawfully execute a warrant must prove through the affidavit that there is sufficient ground to justify the issuance of the warrant. Sufficient ground means a solid suspicion of ongoing criminal activity or credible facts that an individual committed an offense. Also, it is an infringement of such an individual's rights under the Fourth Amendment. Any officer who fails to provide probable cause and effect an illegal arrest or search may be held liable for damages.
How to Find Out if You Have a Warrant in Louisiana?
An individual may search for a warrant or outstanding warrant through official government portals like the State Police or the Court. The individual may also explore official Parish websites to search via law enforcement pages, like the Sheriff's office or other police departments.
An individual may search for a warrant by requesting a criminal background check through the Department of Public Safety of the Louisiana State Police (LSP). To request, the individual has to download the right to review form and the right to review disclosure form. The fee for processing a state background check is $26, plus an additional $10 for fingerprinting (if done in the LSP headquarters). Alternatively, the individual may search on the Louisiana Computerized Criminal History (CCH) database, allowing requesters to apply online for a name-based criminal background check. The Louisiana Department of Public Safety and Corrections also maintains a database containing warrant case information.
Some Sheriff's offices in various parishes allow interested persons to request a criminal background check. For instance, the Jefferson Parish Sheriff's Office provides an online background check, which may afford such requester information on any pending warrant. Contact the relevant Sheriff's office using this directory or any other law enforcement agency operating in the other parish for more details.
An individual may also search using the local court's website or contact the relevant Clerk of Courts. For instance, an East Baton Rouge Parish resident may search for a warrant using the City Court Warrant Lookup. To access courts in other parishes, use the Louisiana District Courts Judicial Districts map to locate the court in each judicial district. Otherwise, requesters may access Clerk of Court information via the District Court, City Court, or Parish Court pages.
Alternatively, the interested person may search the public records database of each Parish Sheriff's Office. For instance, the Parish of East Baton Rouge Sheriff's Office maintains a warrant list database that enables interested persons to conduct warrant searches. For other parishes, contact the relevant Sheriff's office using this directory. However, interested persons may contact the appropriate local law enforcement agencies in person or via mail to inquire about any existing warrant. In addition, an individual may resort to a criminal law attorney within their locality for further assistance.
Third-party websites also maintain records of warrants issued or executed in various jurisdictions. While third-party sites make accessing these records substantially easier, the information available on the sites may vary since they are not government-run sources. To obtain warrant records from a third-party site, the requesting party may be required to provide:
- The personal information of the alleged suspect
- Information regarding the issuing officer
- The location where the warrant was issued.
How Long Does a Warrant Stay Active in Louisiana?
When a warrant expires in Louisiana will depend on the type of warrant. For instance, per Article 572 of the Code of Criminal Procedure (CCRP), a felony offense has a lifespan of six years, while a misdemeanor is two years. Although those threatened by the statute of limitation, the judge may easily reissue the warrant. In contrast, some warrants do not expire, like, a bench warrant or warrants for a capital offense punishable by death or life imprisonment. A bench warrant only becomes inactive if the judge recalls it, the individual dies, or resolves it. While it remains active, the bench warrant follows the individual event to other states within the United States.
An individual choosing to intentionally ignore a warrant does not make it inactive. Officers may execute active warrants at any time if the officers find the subject. Avoiding a warrant may not be the best idea because it may affect the individual in other aspects of day-to-day activities. An individual may search local court websites, relevant law enforcement agencies, or other independent records databases to find active warrants. The individual who finds a pending warrant may contact an attorney vast in criminal defense to defend or quash the warrant.
How Long Does It Take to Get a Warrant in Louisiana?
Getting a warrant in Louisiana does not take a lot of time as long as the police officer can prove to the judges that there is probable cause that the defendant committed an offense. Typically, a police officer can get a warrant in a few hours.
What is a Louisiana Search Warrant?
A Louisiana search warrant is a legal document a judge or Justice of the Peace signs, authorizing a peace officer to search a person or property. Note that judges of City Courts in the City of Bastrop may only issue search warrants with the consent of the Judicial District Courts. Also, a Justice of the Peace may issue a search warrant only in cases expressly provided under the law. Search warrant covers property that may be subject to seizure. Per Article 162, a judge may only issue a search warrant upon probable cause to be established by an affidavit sworn to by a credible person.
The judge may also issue a warrant based on the sworn oral testimony of a credible person who provides facts establishing the reason for the warrant. The affidavits must contain credible facts to prove the reasons for issuing the warrant. A search warrant must describe the person or place that is the subject of the search and the lawful basis for the search. It must also state if any property is subject to seizure and the purpose for the seizure. Per article 161 of CCRP, a property may be subject to seizure if:
- It has been the subject of theft.
- The owner has the intention of using it or has used it to commit an offense.
- It may constitute evidence to prove the commission of a crime.
Per article 163 of CCRP, the courts direct warrants to peace officers to execute the instructions on the warrants. Search warrants have a lifespan of ten days, after which the peace officers may not lawfully execute it again unless the law allows it. Peace officers may also not execute the warrants during the nighttime or on Sunday unless the warrants expressly direct. The peace officer must give a list detailing all properties seized to the owner of such property per article 166.
If the person is not present, the peace officer may leave the list where the officer took the property. Per article 165, a peace officer may also seize some properties not listed in the warrants while executing a search warrant. Such evidence must constitute evidence and be able to prove the commission of the offense.
What Can Make a Louisiana Search Warrant Invalid?
Infringing on the rights enshrined in the Fourth Amendment makes a search warrant invalid. It means peace officers cannot conduct unlawful searches or seizures, and judges may not issue a warrant without probable cause. In article 162(a) of the CCRP that "A search warrant may be issued only upon probable cause established to the satisfaction of the judge, by the affidavit of a credible person, reciting facts establishing the cause for the issuance of the warrant". It means any warrant not issued according to the provisions of the law is invalid.
Per article 703 of CCRP, an individual may file a motion to suppress evidence on the ground that the officer unconstitutionally obtained it. The burden of proving that the seizure was unconstitutional is on the individual. If the court rules in favor of such an individual, the prosecution may not present such suppressed evidence during trial to prove the case.
How to Conduct an Active Warrant Search in Louisiana
Most Parish Sheriff's offices have online tools or warrant lists where individuals can find active warrants in Louisiana. For example, the Caddo Parish Sheriff's Office has an Active Warrants tool located on its website. A click on the tool leads to a list of fugitives being sought by warrants in the state. The list can be filtered by the last name. The warrant information includes mugshot, full name, age, sex, date of birth, race, height, weight, and warrant number and date. Alternatively, a record seeker can conduct an active warrant search by visiting the Sheriff's office during business hours. The search will be completed with all the necessary information and fees have been paid. The office is located at:
Caddo Parish Sheriff's Office
501 Texas Street, Room 101
Shreveport, LA 71101
Phone: (318) 675-2170
Email: welcome@caddoSheriff.org
Free Warrant Search Options in Louisiana
Requesters can conduct warrant searches for free online or in person at Parish Sheriff's offices. Online requests can be made via warrant search tools available on some Parish Sheriff's websites. For example, the Lafourche Parish Sheriff’s Office has an online tool that can be used to search for warrant information for free. Conducting a search by name provides a list of all active warrants in that name. Requesters can view the offender’s name, race, sex, date of birth, charge, and bond amount.
In-person requests can be made at the Sheriff’s office in the parish where the warrant was issued. Requesters must be able to provide the name or date of birth of the subject to facilitate the search. Note that free services only apply to those who want to view warrants and obtain copies.
Arrest Warrant in Louisiana: Rules of Procedure
Per Article 202, a magistrate may issue an arrest warrant after the complainant swears to an affidavit. The affidavit must specify the belief, nature, date, and place of the offense and the name and surname of the offender (if known). Magistrates must have probable cause to believe that the named person in the complaint committed the crime. Magistrates may also issue a warrant if an officer swears to an oath over a telephone call and the officer sends a declaration in support of the probable cause of arrest.
The court then sends the warrant, all supporting declarations, and attachments via fax to the peace officer. When a magistrate issues a warrant, the magistrate must sign, initial the date and time of the issuance, and indicate if the oath was oral. A Justice of the Peace may only issue a warrant of arrest after receiving a certificate of completion from the Attorney General's Arrest Warrants Course for Justices of the Peace.
Per article 203 CCRP, a warrant must be in writing and the name of the State of Louisiana. It must include the date of issuance and the municipality or parish of issuance. Also, the name of the arrestee; if the name is unknown, any identifiable description may suffice. A warrant must also include the offense and bail amount if the crime is a non-capital case. Usually, the warrant contains a command that the individual be arrested and booked.
The court may then direct the warrant to a peace officer for execution within the territorial jurisdiction of the warrant subject. Unlike a search warrant valid for ten days, a warrant of arrest remains active until the officer executes it. However, per article 213 CCRP, a peace officer may arrest without a warrant in the following lawful circumstances:
- The person commits the offense in the presence of the peace officer.
- The person commits a felony offense even though not in the presence of the peace officer.
- The peace officer has reasonable cause to believe that the individual committed an offense even though not in the peace officer's presence.
- The peace officer has positive and reliable information that another peace officer has a warrant to arrest such an individual for a felony offense.
There is no limitation as to the time of executing a warrant. An arrest may be made at any time of the day or night and any place. At the point of arrest, the peace officer must notify the individual of the warrant of arrest. If there is no warrant at the time of arrest, the peace officer must show the warrant to the arrested individual within a practicable time.
The peace officer does not need to notify the offender before the arrest. To stay ahead, an individual may search through the relevant official government agency domain to confirm any pending warrants. An individual may present before a court voluntarily if there is an outstanding warrant. To better deal with the situation, the individual may employ the services of a criminal defense attorney to prevent the filing of criminal charges or for representation.
Louisiana Child Support Arrest Warrant: What You Need to Know
When a parent fails to pay child support, the court may issue a child support arrest warrant. The court gives this type of warrant when the parent defaults on one or several child support payments, and it is of two kinds, civil and criminal. A court in Louisiana may issue a civil warrant, also known as capias, when there is a civil contempt complaint of nonpayment of child support. At the end of the hearing, the defaulting parent may face possible jail time, fines, or both.
Per RS 14:75, if the default is six months or more, the defaulter, known as the obligor, may get a fine of $500 or jail time not more than six months, or both. For subsequent offenses, the fine may not be more than $2,500 or jail time with or without hard labor for not more than two years, or both. The court issues a criminal warrant when the defaulter owes quite a lot of child support. Per RS 14:75, if the individual fails to pay more than $15,000 and the default is at least one year, the individual gets a fine of not more than $25,000 or jail time with or without hard labor for not more than two years, or both.
Louisiana Bench Warrants: Issuing and Arrests
A bench warrant in Louisiana is a written order of a judge authorizing the peace officer to bring the named individual in the warrant to jail or court. Unlike an arrest warrant, the peace officer does not actively chase the individual. However, an encounter with a police officer may result in an arrest if there is a bench warrant to the individual's name. The court may issue a bench warrant against an individual for:
- Failure to respond to a traffic citation within a given period
- Noncompliance with a custody agreement
- Violating a no-contact order
- Failure to appear for jury duty
- Failure to appear for trial
- Refusal to pay child support
- Failure to pay a court-ordered fine
- Failure to appear in court (the most common)
- Failing to abide by the Marital Settlement Agreement
A bench warrant subsists until the individual handles it voluntarily or when the peace officer makes an arrest. To avoid a pending bench warrant, residents of Louisiana should search via the proper channels. An individual may hire a criminal defense attorney for representation in court when appearance is not possible to avoid a bench warrant.
Failure to Appear in Louisiana: Rules and Consequences
According to article 333 of CCRP, if an individual slated to appear before a judge fails to make an appearance, the court may warrant such an individual's arrest. The type of warrant that the court may issue in this case is called a Failure to Appear (a type of bench warrant). There must be proof of proper service on the individual notifying the person of the date of the hearing.
The individual may be the defendant, witness, or juror. Note that failure to appear is not a criminal charge because it doesn't attract any jail time. However, the court may charge the individual with a misdemeanor or felony if there is proof that the non-appearance was intentional. When the court issues this warrant, the peace officer may execute the warrants in any parish within the state.
How Long Do You Have to Stay in Jail for a Warrant for Missing Court in Louisiana?
Intentionally missing a court date may result in new criminal charges for the individual. The penalty for missing a court date intentionally depends on why the court issued the warrant. Such individuals may end up spending some time in jail or the court adding to the existing jail time. For instance, per RS 14:110.1, a defendant who deliberately jumps bail in a felony case shall be imprisoned for not more than two years. Under the same section, if it is a misdemeanor, such individuals may be jailed for not more than six months, a fine of not more than $500, or both.
Failure to Pay in Louisiana: How It Works
A judge may issue a warrant if a person defaults on a court-ordered payment. It is called failure to pay when an individual fails to pay a court-ordered fine before it expires. The court may charge such a person with a misdemeanor or infraction depending on the default severity. However, the court may exempt indigent individuals, that is, financially destitute persons.
No-Knock Warrant in Louisiana: General Laws
A no-knock warrant in Louisiana is a search warrant that authorizes a peace officer to enter premises without prior notice to the residents. Usually, an enforcing officer may knock, ring a bell, or announce presence to the resident of premises. The court issues this type of warrant where the announcement of entry may destroy the objects of search or compromise the officer's safety.
How to Perform a Federal Warrant Search
There are several options for performing a federal warrant search in Louisiana. For example, eligible individuals can use the Warrant Information System (WIN) the U.S. Marshal Service provides to search for federal warrants. Note that WIN is not open to the public. Similarly, the U.S. The Bureau of Alcohol, Tobacco, Firearms, and Explosives provides access to warrant information through its“Most Want" list. The warrant list provides information on the fugitive’s name, aliases, offense, ATF case number, FBI number, NIC number, federal warrant number, warrant date, state, and biographical information.
Does Louisiana OMV Check for Warrants?
It is not common for the Louisiana Office of Motor Vehicles (OMV) to check for warrants when people apply for or renew driver's licenses. However, Louisiana Courts typically notify the DMV whenever a license is issued for a person’s arrest. This can lead to the suspension of the person’s license. It is best to clear warrant-related issues before going to the OMV.
