Types of Arrest Warrants
Warrants of various kinds are issued when a crime was committed. There
are currently three types of warrants in the state of Oregon. Search
warrants allow law enforcement officers to apprehend a specific type of
evidence at a specific residence. Search warrants expire after a
specified time period. Evidence that is found while searching and is
not noted in the warrant cannot be taken for seizure.
Arrest warrants name a specific individual rather than specific
commodity. These kinds of warrants allow law enforcement the ability to
apprehend an individual wherever he or she may be residing, normally at
his or her personal residence. Arrest warrants do not expire and can
span from one state to the other. The "Most Wanted" list names
individuals with arrest warrants who are sought throughout the country
and specific states.
Bench warrants are a form of arrest warrant that are issued when an
individual has previously been arrested, is out on bail, but declines
to appear at his or her assigned court date. Bench warrants are more
serious that ordinary arrest warrants as the individual was already
into police custody and is on privilege to be on bail.
When brought to the court, the presiding judge has the option of
requiring bond forfeiture and including addition charges for court
absence. In arrest warrant and bench warrant cases law enforcement is
allowed to apprehend individuals using force if necessary, though
protocol requires necessity and endangerment to the individual, others,
or police officers.
Issuing Warrants
The criminal justice process in the state of Oregon allows law
enforcement officers to lawfully take individuals into custody by using
arrest warrants. Oregon state laws are responsible for all state-issued
arrest warrants. Within the state only Oregon magistrates or judge may
issue warrants of arrests. These are also broken into warrants of
seizures and searches.
Complaints through the government are first filed using statements and
affidavits. All statements must be based on fact rather than
suspicions. If there is probable cause to a complaint, a judge will
then issue a warrant of arrest. Restrictions, however, are given to
magistrates and judges on their jurisdiction. Circuit court, county
court, and municipal court judge may only issue warrants under their
personal jurisdiction, whereas Appeals Court and Supreme Court judge
may issue warrants for crimes throughout the state.
All written warrants will include a specific individual and the reason
why he or she is to be arrested. There will also be a statement of the
date and in which city or county the warrant for arrest was issued.
Warrant Search
Individual have the opportunity to search for outstanding warrants in
the state of Oregon, as well as other states, through the Internet.
Numerous websites allow for city and county searching of each state.
Databases also provide detailed searches, usually free of cost or at a
price no higher than forty dollars.
Criminal defense attorneys also have warrant-search privileges. These
services can assist those who are unaware that they have warrants for
their arrest. These warrants are possible in identity theft situations.