California Warrant Search

The California penal code can be used to understand the scope and nature of arrest warrants issued in criminal cases. Part 2, Title 3, Chapter 4, section 814 defines warrants as orders issued by local tribunals for the arrest of an individual. Because any restrictions placed on a person’s movement interferes with the Constitution’s Fourth and Fifth Amendment, any act that involves physically restraining and detaining a person needs a “go ahead” from the judiciary.

What does a California active warrant look like?

The form of a warrant has been given in Section 813; the judicial decree is to be handed to the sheriff’s deputies in writing. It must contain information about the person who is to be taken into custody such as his name or any available aliases. A John Doe warrant can also be issued when the name of the accused is unknown.

The current address or the last known address of this individual also has to be mentioned along with other personal identifiers that may help cops in arresting this person. The charges will be clearly stated along with an order to bring this person in, so that he can be tried for his crimes.

All active warrants will bear the California seal indicating that the state’s prosecuting powers have been invoked in the matter. The judge who has issued the warrant will sign the document and his name and judicial title will also find a mention on the order. The date on which the warrant was issued and the name of the county in which it was released will also be included.

The perquisites that have to be met for the release of an active warrant

The fact that outstanding warrants do not come with a fixed validity period and these orders can be executed at any place and any time show that these directives carry a lot of legality.

So, a distinct procedure has been prescribed for the way in which these orders can be procured from the local tribunal, and this process has to be followed judiciously. For one, the probable cause prerequisite has to be met when a person is to be arrested.

This has been put into place to ensure that the right to freedom guaranteed by the country’s constitution is not trampled upon when detaining an accused. Hence California Penal Code Section 817 states that an active warrant will only be issued in response to a probable cause declaration made by a police officer and only when the information in this writ satisfies the sitting magistrate that the offense described therein has indeed been committed and it was committed by the accused.

The police petition for an arrest warrant

The writ filed by the police has to be a sworn statement presented before the court in writing and this oath will be recorded and transcribed and will be taken under the penalty of perjury. The oath can also be made through the use of facsimile or telephone; these options have been provided to facilitate the quick issue of arrest warrants.

The magistrate has the authority to examine the witnesses under oath if the information in the police affidavit is insufficient to find probable cause.

Finding California Criminal Records

Depending on the information that you are looking for, you can find more than one government agency that will be able to help you with details on legal provisions like bench warrants, search warrants, and orders for arrests. Also, you can find information on the most wanted list for the state and other crime history data from the Attorney General’s office or the state police.

The Department of Justice holds Crime information pertaining to arrest records and outstanding warrants. However, this data is only disseminated in response to a personal background check inquiry or to approved employers and law enforcement personnel. In other words, you cannot just request crime history data from third parties in California.

Approved applicants can request information through a fingerprint-based or name-based inquiry. In both cases, a completed request form, prints, and a $25 service fee check will have to be sent to the following:

California Department of Justice Record Review UnitP.O. Box 903417 Sacramento, CA 94203-4170

While you won’t be able to find information on outstanding warrants from California through the office of the sheriff or other justice agencies, it is possible to find data on warrants that have already been executed through the Department of Corrections. In order to use their website for an inmate search and to find prison records, go to the California Department of Corrections and Rehabilitation – CDCR website here, or you can connect with this agency through their address:

Office of the Ombudsman1515 S Street, Room 540 North Sacramento, CA 95811(916) 445-1773

The office of the clerk of the court may furnish information on civil court records and limited crime history data. However, even if you are given access to the court dockets database, crime history information will be kept out of your reach in keeping with state laws.