Rule 4 of the Vermont Rules of Criminal procedure states that it is preferred if an accused is taken into custody on the basis of an arrest warrant. Active warrants for arrests are only granted when the officer complaining about the crime shows factual proof which is enough for finding probable cause to hold the alleged offender responsible for the crime.
Once VT arrest warrants have been granted by the magistrate, the officers who are in charge of apprehending offender are expected to follow the procedures outlined below:
The legislature recognizes the requirement for making warrantless arrests in scenarios when seeking a warrant would give the accused enough time to leave the county or pose a threat to the victim or others. For such situations, Rule 3 of the Vermont Criminal Procedure offers guidelines that can be used when apprehending the accused without seeking an order for his detention.
Generally arrests without warrants are only made when the crime committed is a felony or a major misdemeanor. However, even when the accused can be apprehended without approaching the judiciary for an order, the officers who are effecting the arrest have to fulfill the probable cause requirement.
There has to be probable cause which shows that a felony was committed and the person whose custody is being sought is indeed the perpetrator of the act before he is detained. If this criterion is not met, the case may be thrown out at the trial stage for unlawful arrest.
In case of minor misdemeanors, the crime has to be committed in the presence of a law enforcement agent to justify arresting without a legal order. It must be noted here that a peace officer can issue a citation instead of arresting the offender.
The execution of Vermont arrest warrants pursuant to criminal code Title 13 Sec. 7224
Detainees who have been apprehended and are being held under the provisions of active warrants can only be kept in police custody for 24 hours before they need to be taken in front of a judicial authority. However, the respondent may waive this section at the time of being arrested.
The manner and place in which outstanding warrants can be executed is given in Sec-4948 of the Vermont Statutes, Title 13. It is clearly stated in this part of the penal code that arrest warrants can be served without any attention paid to the time and the place in which the accused is detained. So, an offender can be taken into custody from his home or that of another if a warrant has been issued in his name.
There are multiple source of information for Vermont arrest records and outstanding warrants related data; starting with the office of the local sheriff’s department to the office of the clerk of court and from the Department of Public safety and the state police to the court of the magistrate. The agency you approach should depend on the type of information you need.
For instance, for court records, it would help to connect with the office of the county clerk which is in charge of keeping the database of court dockets. In contrast, for a most wanted list, you can get in touch with the state police through their website or simply visit the local police precinct.
One thing you need to understand is that while you will get information on arrest orders including bench warrants and active warrants and criminal summons, information pertaining to search warrants is withheld from the public. Also, cases that are still under investigation are off limits to civilian applicants.
The simplest way to get a warrant search done in Vermont is to get in touch with the State Department of Public Safety’s Vermont Criminal Information Center (VCIC). This agency hosts the Vermont Criminal Conviction Record Internet Service (VCCRIS) which is a database of crime history including arrest records, conviction details, sentencing data and more.
To find details on a person through the VCIC, you can get in touch with them through their website at http://www.dps.state.vt.us/cjs/recordcheck/. Charges for an inquiry through the VCIC are $30 and you can send this through check or money order to Criminal Justice Services, 103 S. Main Street, Waterbury, VT 05671.
If you would rather seek a warrant search from the Vermont State Police, you can use their online service at https://secure.vermont.gov/DPS/publicrecords/or connect with them through their office which is located at Vermont State Police, Attn: Police Report Request, 103 South Main Street, Waterbury, VT 05671-2101.