Pursuant to Maryland Code of Courts and Judicial Proceedings, section 2-107, all active warrants issued in the state will contain information on the person to be arrested that can facilitate the speedy detention of this individual. The details that ought to be included in the arrest orders are: the name of the accused, his address, race, gender, physical attributes like height, weight, eye and hair color, identifying marks like scars, tattoos, etc.
Other pertinent details that should also be mentioned on the order include the driver's license number and the social security number of the offender along with any other pertinent information that will aid police officers in identifying the said individual and taking him into custody at the earliest.
The name of the judicial officer in front of whom the accused is supposed to be presented will also be indicated on the warrant. The order will come with a clear caption stating the scope of the directive such as:
At the point of issue, the magistrate who signs the warrant will make sure that four copies are made of the document, one which will be kept by the office of the judge, the other for the office of the clerk of court, another meant to be given to the arrestee at the time of execution and the last for the office of the sheriff. Usually, it is the original document that finds its way to the office of the local law enforcement agency.
It is worth mentioning here that any failure on the part of a judicial officer to follow the format prescribed herein is not ground enough for the dismissal of the warrant or an otherwise lawfully made arrest. This means that a warrant is in no way impacted by any errors or anomalies in the document unless these compromise the constitutional rights of the person to be arrested.
The only time that a warrant is recalled is if the probable cause on which it was based is no longer valid. This can only happen when additional evidence gathered in the case points to the involvement of another person all together. So, the onus shifts from the first person to be accused of the crime to the new suspect and hence the warrant against the original offender is no longer valid.
In case of outstanding warrants, offenders are marched down to the precinct and booked for the crime mentioned in the warrant. Subsequently, the arrestee will be taken in front of the magistrate for a bail hearing which is typically held within 48 hours of the accused being detained.
If the detention order is a bench warrant, the conditions for arrest and release will in all likelihood be mentioned on the document. Usually, the bail amount will also be stated on bench warrants, if applicable. Payment of the bond is all it will take to secure release from custody.
For search warrants, the execution of these orders starts at the point when the directive is handed to the person occupying the premise to be searched and police officers enter the property and begin the process of seizing incriminating items.
Crime history information in Maryland is furnished by the Department of Public safety; however, only authorized employers and law enforcement agencies are allowed to initiate a warrant search. As a civilian looking for information on crime records, it would be best to visit the local sheriff's office and look for details on the most wanted criminals in the area. If the name of your subject figures in this list, you will know that you ought to stay away from this person.
You can also look for information on criminal and civil cases through the office of the clerk of court. This agency maintains the database of the court dockets; these are transcripts of trial proceedings. In these court records, you will be able to find information on all legal instrument issues and arrests.
For a personal background check, you can get in touch with the Criminal and Justice Information System of the Department of Public Safety with your fingerprints. Send these to CJIS-Central Repository, 6776 Reisterstown Road, Suite 102Baltimore, MD 21215 with an $18 check.
Arrest records can also be found through the use of the Maryland Department of Corrections website at http://www.dpscs.state.md.us/inmate/. The tool on this webpage can be used to find inmates currently serving time in any of the incarceration facilities of the state.