Are Warrants Public Record in New York?
In New York, no specific state law requires that warrants be made public records. Hence, the custodians of warrants independently determine the types of warrants they make publicly accessible. For instance, most custodians make all arrest warrants; they currently have custody over publicly accessible. Meanwhile, some custodians only provide warrant information on the most wanted persons in their jurisdiction. That said, if a warrant is executed and maintained as part of court records or New York criminal records they are typically available to the public, unless otherwise determined by judicial order.
What is Considered a Warrant in New York?
A warrant in New York directs a law enforcement officer to perform an action that is ordinarily illegal or considered an invasion of a person's privacy. Judges or magistrates in New York issue warrants to conduct activities related to the administration of justice.
Generally, all warrants issued in New York must comply with the Fourth Amendment, having probable cause before issuance. The different kinds of warrants issued by the New York courts include search warrants, arrest warrants, and bench warrants.
New York warrants feature the personal data of the wanted person (like last and first name), their physical characteristics (weight, eye color and height) as well as their city or county of residence. Warrant information may be published on the wanted notice page of the website of the arresting agency.
How to Find Out if You Have a Warrant in New York?
All New York warrants are stored at the Federal Bureau of Investigation's National Crime Information Center and can only be accessed by the New York City police, state police, or naval police. Therefore, anyone in New York who wants to conduct a warrant search to find active warrants may contact the New York City criminal court information line at (646) 386-4500. The information center has authority over all five boroughs and can help New York residents find out if they have an outstanding warrant. Calls can be made during business hours on Monday through Friday from 9:00 a.m. to 5:00 p.m.
Furthermore, a person who wants to obtain warrant information may contact the county clerk's office. Alternatively, third-party websites operating under the US Freedom of Information Act provide New York warrant searches and information.
Records of warrants issued or executed in various jurisdictions are also maintained and by third-party websites. While third-party sites make accessing these records substantially easier, the information available on the sites may vary since they are not government run sources. To obtain warrant records from a third-party site, the requesting party may be required to provide:
- The personal information of the alleged suspect
- Information regarding the issuing officer
- The location where the warrant was issued.
How Long Does a Warrant Stay Active in New York?
In New York, warrants remain active unless the subject dies or appears before a judge.
New York residents who, after conducting a warrant search, find that there is a warrant out for their arrest or detainment are obligated to turn themselves in. Until then, the police have the right to arrest such persons and take them to court. Generally, it is advisable to get an attorney to help recall warrants.
How Long Does It Take to Get a Warrant in New York?
It takes a few minutes to several hours for a law enforcement officer to obtain a warrant from a judge in New York. Depending on the type of warrant being requested, several factors can impact the duration of getting a warrant. For example, under New York law section 510.50, a notice of intent must be issued to a person before a bench or arrest warrant is issued. If, after 48 hours, the individual fails to appear before the court voluntarily, a warrant may then be issued for the individual’s arrest. Generally, most warrants require a prosecuting office to present credible evidence demonstrating the need for a warrant before a judge can issue the warrant.
How Do Search Warrants Work in New York?
A New York search warrant is a legal document that gives law enforcement agents the authority to search a person or a property. The kinds of properties that law enforcement officers in New York may search upon obtaining a search warrant include homes, offices, vehicles, and so on.
The main objective of a New York search warrant is to find evidence for a criminal case or illegal items. Furthermore, the search warrant gives the authority the right to seize any item that can be used as evidence. According to the law, a search warrant does the following:
- Directs a police officer to search a designated place, vehicle, or person to seize designated properties that must be delivered to the court that issued the warrant. Personal properties stolen, unlawfully possessed, or used to commit crime are also subject to seizure.
- Orders law enforcement agencies to search specified premises to arrest a person that is the subject of an arrest or bench warrant.
According to Section 690.05 of the state's laws, local criminal courts may issue search warrants for an official purpose upon the request of the police, a district attorney, or other public servants. Also, applications for search warrants in New York may be written or oral.
The contents of a New York search warrant include:
- The name of the issuing court of issuance and the signature of the issuing judge.
- Name of issuing judge.
- Date and time of issuance.
- The name and office of the police officer to whom the warrant is addressed.
- A detailed description of the property to be searched.
- A description of the place or person that is the subject of the search warrant.
- An order that the warrant may only be executed between 6:00 a.m. and 9:00 p.m. (Except the court has directed that the search may be conducted any other time.)
- A direction that all properties seized during the search must be returned and delivered to the court without unnecessary delay.
The warrant may also permit the police to storm the premises to be searched without notifying the residents.
How Does a New York Search Warrant Become Invalid?
New York search warrants may become invalid if they do not comply with the Fourth Amendment to the US Constitution, which prevents the issuance of warrants without probable cause. Hence, a search warrant may be rendered invalid if its issuance was unnecessary or unlawful.
When proven that the search warrant was improperly authorized, the court may dismiss any evidence obtained from the search. Eventually, this may lead to the dismissal of the criminal case.
How to Conduct an Active Warrant Search in New York
Interested persons can conduct an active warrant search in New York through law enforcement agencies in the jurisdiction where the warrant was issued. Law enforcement agencies include County Sheriff's Offices and local city Police Departments. Inquirers can visit the agency in person, contact the agency via call, or use the online resources the agency may maintain to conduct their search.
For instance, interested persons can conduct active warrant searches for warrants issued within Onondaga County through the county’s Active Warrant Search portal. The Onondaga County Sheriff's Office maintains the portal. Warrants provided on the portal are sourced from the county Sheriff's Office, the Syracuse Police Department, and local Towns and Villages police agencies operating in the County. An inquirer can conduct a search on the portal using a subject's last name.
Another example of an active warrant search portal provided by a law enforcement agency in New York is Erie County Sheriff’s Office Warrant portal. This portal contains information on warrants issued within Erie County. Interested persons can conduct an active warrant search on the portal by supplying a subject’s last name or reason for the warrant.
Inquirers are generally advised against taking information found on active warrant search portals provided by law enforcement agencies at face value. Inquirers can contact the agency responsible for issuing the warrant to verify the information on these search portals. Common information about warrants subjects that inquirers can find through an active warrant search includes and are not limited to the following:
- Mugshot (if available)
- Physical description, such as weight, height, sex, age, and race
- Last known address
- The agency responsible for the warrant’s issuance
- The warrant’s issuance date
- The warrant’s charges
Free Warrant Search Options in New York
In New York, interested persons can conduct a free warrant search through online resources, such as active warrant search portals or listings provided by law enforcement agencies in the state. However, the reach of these listings and search portals tends to be limited, as warrants provided through these tools are usually limited to those issued in a specific jurisdiction. For instance, inquirers can use Onondaga County Sheriff’s Office Active Warrant Search Portal to find information on warrants issued only within Onondaga County.
Interested persons can use third-party warrant search tools to conduct comprehensive warrant searches. These tools are ideal because they typically do not have any geographical limitations. As a result, inquirers can use most third-party warrant search tools to obtain information on warrants issued anywhere in New York state. However, most third-party tools are not accessible for free. Users are usually charged a fee or subscription to use these tools.
Some third-party websites do offer warrant search tools for free. However, most free tools are riddled with limitations. For instance, search results from free third-party tools may only provide basic information about relevant warrants, and users may be asked to pay a fee to access complete information.
Arrest Warrant in New York: Rules of Procedure
A New York arrest warrant gives a police officer the authority to arrest and detain a person when sighted anywhere in the state. This warrant is issued after a judge reviews a police investigation and finds probable cause. The arrest may be made privately at a person's home or in public, like in a park. The New York City criminal court, district courts, and superior courts can issue arrest warrants in New York.
A New York arrest warrant must be signed by the issuing judge and contain some of these details:
- The name of the issuing court.
- The warrant's issuing date.
- Name of the person to be arrested. If the name is unknown, the arrest warrant must include a description that best describes the person.
- The person's alleged offense.
- Name of the police officer that will execute the warrant.
- Authorization to arrest and bring the subject to the issuing court.
Arrest warrants in New York can be executed at any time of the week and any hour of the day or night.
All arrest warrants in New York are logged into the National Crime Database and can only be accessed by law enforcement agencies. Therefore, individuals should contact those agencies for warrant searches.
New York arrest warrants can be executed by the police officer that the warrant was addressed to or any other delegated police officer. This delegation is only permitted in the following situations:
- If the assigned police officer believes that the subject of the arrest warrant is in a different county other than the one where the warrant is returnable.
- If the warrant can be executed in other counties without endorsement by a local criminal court.
- The delegated police officer is employed in the geographical area that the arrest is to be made.
New York Child Support Arrest Warrants: What You Need to Know
A child support arrest warrant is one of the enforcement tools used in New York to make non-custodial parents pay child support. In New York, child support arrest warrants are issued for these reasons:
- If the non-custodial parent does not make regular child support payments.
- If the non-custodial parent misses a court hearing schedule because of the nonpayment of child support.
In addition, non-custodial parents who willingly neglect to pay child support may face up to six months imprisonment.
Child support arrest warrants in New York result from violation petitions filed by custodial parents or by the Office of Child Support Enforcement. Residents can discover these warrants by conducting warrant searches through the court clerk’s office or via other means described above.
New York Bench Warrants: Issuing and Arrests
Bench warrants are issued when someone disobeys a court order. Bench warrants are very common in New York, and they are issued to arrest persons who:
- Fail to appear in court on a scheduled date.
- Fail to observe and perform the community service ordered by the court.
- Fail to pay a court fine.
According to Section 530.70 of the New York State Laws, bench warrants can be issued by superior courts, district courts, or New York City criminal courts and are valid anywhere in the state, even at traffic stops.
Like arrest warrants, only the police officer that the warrant was addressed to or any other delegated officer may execute a bench warrant in New York.
Failure to Appear in New York: Rules and Consequences
Failure to appear for a court hearing in New York can cause the court to issue a bench warrant for a person's arrest. This offense is regarded as a misdemeanor in New York. However, the penalty will not exceed 15 days in jail.
How Long Do You Have to Stay in Jail for a Warrant for Missing Court in New York?
Anyone who misses court on purpose in New York without permission commits a crime and will be penalized by the law. The period for which the person will stay in jail depends on the circumstances surrounding the case.
Bail Jumping in the Third Degree: This happens when the court releases individuals on the condition that they will be present in court for a criminal proceeding, and they fail to appear on the specified date or within thirty days of the court date. Bail jumping in the third degree is a Class A misdemeanor. This offense is punishable by a year or less in prison.
Bail Jumping in the Second Degree: Any defendant in a felony case who misses court after being released from custody on condition that they will subsequently appear in court is guilty of bail jumping in the second degree. It is a Class E Felony. As such, a person can be imprisoned for up to four years and ordered to pay a fine of up to $5,000.
Bail Jumping in the First Degree: Any person who is indicted and misses court after being released from custody is guilty of bail jumping in the first degree. It is a class D felony. Offenders are subject to seven years or less in jail and a fine of up to $5,000.
In New York, What is Failure to Pay?
Failure to pay is a kind of bench warrant that may be issued if a person fails to pay a court fine and the payment deadline passes. In this case, the court may order a warrant for the person's arrest. Apart from the issuance of a warrant, other consequences of failure to pay in New York include the suspension of licenses and civil assessments.
To avoid the consequences of failure to pay in New York, people are advised to make payments as directed by the courts.
No-Knock Warrant in New York: General Laws
No-knock warrants permit law enforcement agents to storm a premise without giving prior notification by knocking or ringing a bell. No-knock warrants are surprise intrusions deployed by law enforcement officers to enter a residence or location to catch suspects unaware and seize evidence.
Usually, law enforcement personnel must introduce themselves and present IDs and warrants before entering someone's property on official business. However, when it is believed that such an announcement will give room for suspects to escape or for evidence to be thrown away or tampered with, the police may request a no-knock warrant from a judge.
How to Perform a Federal Warrant Search
Authorized persons can conduct a federal warrant search through the Warrant Information System (WIN) provided by the U.S. Department of Justice. WIN is a database that contains information on warrants, court records, and internal correspondence related to federal warrants issued against individuals in the U.S.
Unfortunately, members of the general public are not provided access to WIN. As implied, only authorized law enforcement agencies can access WIN. Some examples of authorized law enforcement agencies include Federal agencies like the Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), and Bureau of Alcohol, Tobacco, Firearms and Explosives (AFT).
Nevertheless, interested persons may use third-party databases that contain information on public federal warrants to conduct a federal warrant search. Usually, these third-party databases can be searched using a subject name and will be required to pay a fee for the service.
Does New York DMV Check for Warrants?
New York DMV may be aware of warrants related to traffic violations. Hence, these types of warrants may appear when a DMV staff runs a background check on an individual. However, no state laws specifically mandate that New York DMV should check for warrants. Where a warrant is found, the DMV may suspend the license of the wanted person or flag their vehicle registration.
