In accordance with Minnesota Statutes 629.41, judges and magistrates have been given the authority to issue processes for the detention of an accused. Orders for arrests can be segregated into two categories, bench warrants and active warrants. The former has time and place restrictions placed on it and it is issued without a petition.
Bench warrants: These orders for arrests are generally brought into use when the terms of probation or bail are violated by an offender or when a litigant or the defendant fails to obey a court directive, thus standing in contempt of court. While this may be considered to be a minor offense by some, the fact that a history of non-obedience of court orders is established is enough to compel the magistrate to issue a detention order.
Active warrants: In contrast, when it comes to active warrants issued in case of more serious crimes, the pre-warrant hearing has to be preceded by the submission of an affidavit in court. What makes an outstanding warrant from Minnesota particularly potent is the fact that it can be served at any time after its release and in any place.
There are other legal processes available to the judiciary which also play an integral role in the investigative process and in taking the case through its proper course. Among them are search warrants which are issued to grant peace officers access to a privately owned property. These directives are used to search a property and confiscate any items that can be used in the case.
An arrest order issued in a criminal matter has to mandatorily be based on a complaint. This affidavit can come from the state prosecution, the office of the sheriff or any other law enforcement agency that is investigating the case or even the victim. In case of the latter, the complaint needs to get a nod from the police before it can be presented in court.
This written examination has to contain all facts that point to the criminal nature of the incident and to the involvement of the alleged offender in this act. The submission of a petition alone does not guarantee the issue of an active warrant. Only after the sitting magistrate can be convinced that there is reasonable cause to suspect the person, in whose name the warrant is sought, will a warrant be granted.
Pursuant to the Minnesota laws, arrest warrants issued in felonies do not go out of effect. However, after a certain period of time, if they remain un-executed they are deemed pending and are thence called outstanding warrants. A close scrutiny of the authority bestowed by these orders on law enforcement officials reveals that an outstanding warrant can be more potent than an active order since information pertaining to it is relayed to peace officers from all 50 states.
These orders can be executed across territorial limits and any officer of the law can serve them. Also, outstanding warrants remain in effect for as long as it takes to apprehend the accused.
Limited crime history information is accessible to all and sundry in the state Minnesota. This means that you could simply get in touch with the state police when you need to conduct a background check. However, since only conviction data is included in the public records category, you will not be able to initiate warrant search through this office. The same also holds true for the local sheriff's office and the department of the clerk of court which manages the repository of court dockets.
In terms of outstanding warrants, the only information relayed is through the list of the county's most wanted. If you are looking for subject specific details, you will have to get in touch with a private agency that offers court records and criminal data.
For a more comprehensive report on crime history and even to get a personal background report, you will have to touch base with the Minnesota Department of Public Safety. The online database maintained by the Minnesota Justice Information Service is available at https://cch.state.mn.us/.
This tool is free to use and you can also access the information found in this database through the public service terminals available at local justice centers. However, if you need a report in writing, you will have to shell out $8 for it. You can mail in your request to the Minnesota Bureau of Criminal ApprehensionCriminal Justice Information Systems, CHA, 1430 Maryland Avenue E, St. Paul, MN 55106.