South Carolina Warrant Search

The South Carolina Code 22-5-110 offers the prescribed method for arrest, examination and the issue of summons. It is clearly stated in the state criminal code that when a complaint is brought before the judiciary by a member of law enforcement or a civilian against a person who is alleged to have committed a felony, the magistrate who hears the petition will cause the accused to be arrested.

Arrest warrants are the prescribed method of ordering an accused’s detention until he can be presented before the court. In matters within the geographic bounds of a certain county, the sitting magistrate is legally bound to charge those guilty of offenses and bind for trial individuals who are accused of committing a felony outside their geographical jurisdiction.

People charged with misdemeanors will have to be ordered to appear in court through a courtesy summons before an arrest warrant is issued against them.

The issue of legal processes

South Carolina arrest warrants are issued in conformance with the Fourth Amendment requirements of establishing probable cause and the state penal code. As such, the process of warrant issue starts when an affiant approaches the court with a declaration of offense. This affidavit informs the judiciary of the incident that has occurred, the reasons why the complainant has concluded that it is a crime, the name of the alleged offender and the description of the role that he played in the incident.

The magistrate is responsible for deliberating on this information to ascertain that the details reasonably prove that the alleged offender committed the crime. This procedure is known as the establishment of probable cause and it is a requisite when it comes to the issue of active warrants and search warrants. In contrast, bench warrants are issued without an affidavit. These are issued to recapture offenders who have busted through bail conditions or those who have ignored a court directive.

In both scenarios, the court has enough information to issue an arrest warrant of its own accord without relying on a complainant, whether a civilian or a law enforcement agent, to submit a petition for the judicial order. Bench warrants are to be treated like any other arrest order. However, they do have limited jurisdiction; this means that they expire over a period of time and can only be served within the county of issue or at the most within the state of SC.

The arrest of the person against whom the process is issued

South Carolina Code 23-15-50 states that sheriff’s deputies are responsible for apprehending all persons with outstanding warrants. If the warrant were issued in connection with a misdemeanor, the bail amount would be included in the conditions for release mentioned in the order. Offenders who can post the bond are to be let out as commanded by the judicial order.

However, warrants for arrests that have been released in felonies do not have any conditions for release. Offenders arrested under such orders must be presented in court at the earliest possible opportunity. With bench warrants, the rules are the same as those for misdemeanor arrest orders.

Finding arrest records and active warrants in South Carolina

The South Carolina Law Enforcement Division known by the acronym SLED offers the crime history access program (CATCH) for civilian applicants. Information on arrest records and warrants is made public for a fee of $25 per inquiry. To initiate a warrant search through SLED, you will need your subject’s first and last name, social security number, and date of birth.

There are two ways to initiate your inquiry through the CATCH program, and you can download the form available at sled.sc.gov fill it and send it with a self-addressed, stamped envelope and a $25 check to SLED at:

SLED Records Department

PO Box 21398 Columbia SC 29221

To get a warrant search done online, you must visit the agency’s official site at sled.sc.gov. You can also find a list of the most wanted criminals from various SC law enforcement agencies on this website at sled.sc.gov. In contrast, a sex offender registry that can be used to find information on predatory criminals living in your area is available for free here.

Although you can find all crime-related data from the SLED site and their office for information on civil cases, it would be best to approach the clerk of the court’s office. This judicial department has court records for all civil and criminal cases. So, through their database of court dockets, you can find details on warrant issues in the state, the release of other legal processes besides arrest orders and conviction and verdict details for criminal and non-criminal matters.