Texas Warrant Search
Individuals may perform a warrant search in Texas for different reasons. Usually, it is to verify whether the authorities are searching for them in regard to a civil or criminal matter. Subsequently, individuals who discover an active warrant may take the necessary steps to avoid further legal complications.
Since Texas does not have a central repository for looking up warrants, individuals may search outstanding warrants by querying their local law enforcement agencies, such as a sheriff's office.
Alternatively, a person can check with the issuing court or city/municipality for warrant information, or they may search private or third-party websites—non-government websites that compile warrant information and other public records from various sources.
What is a Warrant?
In Texas, law enforcement personnel may receive a written order (or writ) from a magistrate, judge, or other qualified judicial officer to perform a specific action. This document detailing such a command is called a warrant. Police officers often require warrants to perform actions that would otherwise have been illegal. Common types of warrants obtainable in Texas include search, arrest, and bench warrants.
Generally, warrants issued in Texas conform to the Fourth Amendment, United States Constitution, which prohibits the government from unreasonable searches and seizures.
Are Warrants Public Record in Texas?
Yes. Under Chapter 552 of the Texas Government Code (the state's Public Information Act), warrants are part of records that official custodians must leave open to the public. For instance, under Article 15.26 of the Texas Code of Criminal Procedure, arrest warrants and their supporting affidavits are public information.
However, requesters must note that their right to access warrants is subject to some exceptions. For example, juvenile information and other records made confidential by statute are not subject to public disclosure. Interested parties may learn more about public records in Texas and their exemptions in the Public Information Act Handbook.
How Do I Look Up Warrants in Texas?
Individuals can search for Texas warrants via online platforms not affiliated with the government. The primary advantage of using a third-party service is that a user can quickly scan multiple public record databases and produce nationwide results, compared to government websites that are only specific to a jurisdiction. As such, parties who wish to conduct comprehensive warrant searches that are not limited to Texas will find these private websites useful and convenient.
Generally, it is crucial to vet third-party websites for reliability before use. Such websites typically require the entry of similar criteria, such as a subject's name and a city/state, to bring up relevant results. However, some websites only permit limited searches for free. In many cases, one may need to pay a fee or subscribe at intervals (usually monthly after a free trial) to conduct comprehensive searches.
The fee structure varies across private warrant search websites, with some providers charging a few dollars for a search and others as high as $75 monthly. Verifying third-party warrant search results against government records is recommended to ensure factualness.
What is a Search Warrant in Texas?
According to Chapter 18 of the Texas Code of Criminal Procedure, a search warrant is a court order commanding a peace officer to search for and seize property or things and deliver any seized item to a magistrate. A search warrant may also direct an officer to search for and take photographs of a child and bring the images to the issuing magistrate.
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Are Search Warrants Public Records in Texas?
No. Per the Texas Code of Criminal Procedure, affidavits filed in support of a request for a search warrant are only open for public inspection after the search warrant has been executed. The law does not specifically allow for public access to search warrants.
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How Long Does it Take to Get a Search Warrant in Texas?
There is no specific timeframe for getting search warrants in Texas. The faster a police officer can convince the magistrate of probable cause for a search warrant, the earlier they will receive it.
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How Long Does a Search Warrant Last?
The validity period for a Texas search warrant depends on the purpose for which it was issued. Generally, search warrants must be executed within three days. This excludes the day it was issued or executed.
However, if the warrant is issued to search for and seize a specific person's blood, saliva, or any other specimen for DNA analysis and comparison, it runs for 15 days. Furthermore, search warrants issued to find electronic consumer data, as specified in Article 18B.354 of the Texas Code of Criminal Procedure, have a validity period of 10 days.
What is a Bench Warrant in Texas?
A Texas bench warrant is a written order that directs a police officer to arrest a person. It is typically issued because a person failed to appear in court or disobeyed a court order. An example of a bench warrant is one issued to secure custody of a witness under § 52.0151 of the Texas Family Code to guarantee their attendance in court.
What is an Arrest Warrant in Texas?
As defined in Chapter 15 of the Code of Criminal Procedure, an arrest warrant commands a police officer or other specifically named person to arrest someone on sight and deal with them according to law. Arrest warrants are issued when a person is accused or suspected of committing a crime.
How to Check if You Have a Warrant in Texas
Citizens can confirm their warrant status through various government sources, including local law enforcement agencies and courts. Depending on an agency's policies, a person may conduct a warrant search in person, via telephone, or any other approved means. Searchers are advised to visit the websites of agencies for specific information about their search options.
For example, the Houston Municipal Court in Harris County, Texas, provides phone numbers that individuals can call when searching for warrants. On the other hand, the Williamson County Sheriff's Office accepts in-person visitors who must provide a photo ID. However, the office's warrants division does not disseminate warrant information via phone or email.
Can You Check Warrants Online in Texas?
Yes. People can explore several online databases to look up warrants in Texas, especially at the county level. Examples include the Harris County Sheriff's Warrant Search and Travis County Sheriff's Warrant Search tools.
Further, many municipal and district courts, like the Carrollton Municipal Court and the District Court of Tarrant County, have active warrant search tools. Also, local police departments, like the Austin Police Department, maintain warrant lists that are searchable online.
How To Find Out If You Have a Warrant for Free
There are numerous ways interested parties can confirm where they have active warrants in Texas for free. They include:
- Contacting a local sheriff's office to ask about existing warrants
- Using an online warrant inquiry platform provided by a government agency
- Requesting warrant information from the courthouse that likely issued the warrant
- Visiting third-party websites that allow free warrant searches
How to Find Out if Someone Has a Warrant Online For Free in Texas
Members of the public can ascertain if someone has a warrant online for free using the tools discussed above. Since warrants are public information in Texas, there are generally no restrictions on who may access them. However, exceptions may apply to confidential information.
How Long Does a Warrant Stay Active in Texas?
Arrest and bench warrants in Texas remain active until executed or the court recalls a warrant. In other words, they continue to run until the subject of the warrant is arrested or the action specified in the warrant is performed.
However, criminal search warrants have a validity of three days. However, an issuing court may reissue such warrants if probable cause still exists.
How Do I Find Out If I Have a Federal Warrant?
The U.S. Marshal Service's Warrant Information System maintains a database of federal warrants to assist law enforcement agents in investigating and tracking federal fugitives. As such, stringent measures are put in place to protect the information contained in WIN from unauthorized access, even by individuals who need to confirm their warrant statuses. In other words, the WIN is not a repository for any member of the public to search warrant information.
Many people only know they have a federal warrant when a law enforcement agent serves it.
However, persons who suspect they are under federal investigation may contact a reputable federal defense attorney for assistance. Such legal professionals may be privy to information that may help them verify their warrant status.
Individuals might also infer the existence of a federal warrant when federal authorities apprehend someone closely connected to them or a case (a co-defendant). A person may also reach this conclusion if a federal agent arrives at their home in their absence. Finally, interested parties may check a U.S. wanted person's list, as it may indicate if a federal warrant has been issued.
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