The issuance of arrest warrants is based on Missouri laws 544.020. This section of the criminal code states that when a complaint is made in writing and on oath in front of the magistrate which sets forth that a felony has been committed, the sitting judge will be obligated to issue a warrant in such a scenario after ascertaining probable cause.
The arrest order issued will recite the accusation and it will be an explicit order to police officers to take the person against whom the warrant has been issued into custody and present him before the magistrate, so that he can be dealt with according to the laws of the state. The complaint required to get the process started can be sent to the magistrate's office by facsimile or other electronic methods.
Missouri Laws 544.60 explains the process of warrant issue when an indictment is filed. Whether to file an affidavit for the determination of probable cause and the subsequent release of a warrant or to go for an indictment is left at the discretion of the state prosecutor handling the case.
However, when an indictment is found, the magistrate issues a command to the clerk of court to issue a warrant for the detention of the accused. If such an order is not been given to the county clerk, the judicial officer is legally required to issue active warrants for all indictments upon the closing of the term. The only exception to this rule is when the alleged offender is already being held in custody. Also, if more than one indictment has been returned, only one warrant will be filed.
This order will enumerate all the charges being brought against the accused. When an active warrant is issued by the clerk of court in response to an indictment, a record of this is made in the court dockets. The clerk will also issue subpoenas at this point to call in the witnesses from the side of the state. However, these orders will only be served once the defendant is taken into custody.
An active warrant can only be issued in the state of Missouri when it is supported by a police petition; however, when it comes to bench warrants, these can be issued at the sole discretion of the judiciary. These arrest orders are used to bring in defendants who have disobeyed a direct court order and those offenders who have skipped town after procuring bail.
Search warrants in contrast are issued after due deliberation over the probable cause affidavit. Because the constitution of the United States offers every one of its citizens the right to protect their property while a search warrant allows police officers to enter the home or the office of a person, the judiciary has to get involved in the process. In fact, the magistrate has the final word on the matter.
No restrictions are placed when it comes to crime data access in the state of Missouri. What this means is that even civilians can get information on conviction records and arrests from state agencies. While the results of an inquiry made about a third party will bring back only limited results, if you are an approved employer or represent a law enforcement agency, you can get comprehensive details on the criminal involvement of your subject.
It is also possible to procure a personal background report from these agencies. When conducting a warrant search, you can get in touch with the department of the county clerk and access court records of a case or connect with state or local police. One of the advantages of using the online service offered on the Missouri Automated Criminal History Site at https://www.machs.mshp.dps.mo.gov/MACHSFP/home.htmlis that you will get access to both their fingerprint search facility as well as the name based inquiry service.
While a personal identifier inquiry will cost $10, a finger print check is charged higher at $20.You can also get in touch with the Missouri Highway Patrol in person with a request form. To download the appropriate form for a warrant search, go to http://www.mshp.dps.missouri.gov/MSHPWeb/Publications/Forms/documents/SHP-158.pdf.
Take this document filled with the appropriate information to Missouri State Highway Patrol, CJIS, 1510 East Elm Street, Jefferson City, MO 65102. You can also find arrest records by using the most wanted list available on http://www.mshp.dps.missouri.gov/MSHPWeb/Root/index.htmland past arrest records from the Department of Corrections website at https://web.mo.gov/doc/offSearchWeb/.