Florida Statute 901.02 is used to understand when and how an arrest warrant can be issued in the state. This section of the penal code states that a warrant can be issued when a complaint is filed against a person in the court of law. However, the release of such a judicial order is subject to the establishment of probable cause.
This means that the magistrate who presides over the pre-warrant hearing is legally required to examine case facts and even witness testimony, if need be, to ascertain that there is indeed enough reason to hold the person, in whose name the warrant is being requested, responsible for a crime. An active warrant will always bear the signature of the magistrate to indicate that this judicial officer was in agreement with the cops when it came to the culpability of the accused.
The circumstances in which an active warrant may be issued by the local criminal tribunal can be summed up as:
Of these points, in case of the last two, even a civil court can issue a detention order which is known as a bench warrant.Although different from an active warrant in terms of its powers, bench warrants too call for the detention of an accused. The sole difference here is that these are issued by the tribunal of its own accord without the need for a complaint.
On the other hand, when it comes to search warrants, cops do need to file an affidavit stating why the judiciary should grant them the order to search through a privately owned property. Once again the probable cause law comes into play here and these search orders are also exclusively issued on the basis of reasonable grounds.
In order to learn more about the direction of an arrest order and its execution, one has to look at section 901.04 of the Florida Statutes. In here, it has been clearly mentioned that a warrant for arrest will be aimed at all police officers from within a state and the nation to that matter. An arrest under the provisions of a warrant can be made at day or night and peace officers are allowed to rally the support of their fellow agents when pursuing the offender.
The website of the Florida Debarment of Law enforcement will prove to be a veritable treasure trove of information for anybody interested in criminal history data. From alerts meant to caution citizens to a list of missing children and adults and from a most wanted list to information on sex offenders living in the state, you can find this and more from the FDLE site.
To initiate a warrant search through this agency, you can use their computerized database of records of arrests and warrants which is available at fdle.state.fl.us/cchinet/. The search tool operates on name based queries, so you won’t need fingerprints to get a response. This would also mean that no consent form will be required when you need to look for criminal details on third parties.
These warrant searches are charged at $24 per name and the information you get will include a combination of data on arrest records, all outstanding warrants issued in the name of the subject, case disposition details and incarceration data. However, it is imperative to understand here that the state makes no claims to the effect that these results can be treated as certified documents.
If you need to get a background report which has to be used for the purpose of gaining employment or for offering a job to a candidate, you will have to fill in the form available at fdle.state.fl.us. Mention it clearly on the request form that you need the results to be certified and send this to the Florida Department of Law Enforcement at:
User Services Bureau, Criminal History ServicesPO Box 1489Tallahassee, FL 32302.
When looking for details on inmates who are serving time in the prison system of Florida, you will have to go the website of the Florida Department of Corrections. They offer an inmate search tool at http://www.dc.state.fl.us/ActiveInmates/search.asp. Alternatively, you could write to them at:
Central Office2601 Blair Stone RoadTallahassee, Florida 32399-2500(850) 488-5021
The department of the clerk of court which handles the preparation and management of court dockets can also help you to get information on arrest warrants. You will simply need to find a way to scour through the court records maintained by this agency