Georgia Warrant Search

A Georgia warrant search is relevant for several reasons:

• To provide law enforcement officers and members of the public with details of active warrants within a region
• To provide information regarding an accused suspect's criminal offense and facilitate their arrest
• To uphold the Georgia Code, ensure public safety, and encourage the execution of justice.

The State of Georgia does not maintain a central online repository where interested persons can find warrant information. However, one can query a sheriff's office or the court where a warrant was issued—the court will usually maintain a record indicating a warrant's issuance as part of a case file. Additionally, a person may explore third-party aggregate websites that provide warrant search services.

What is a Warrant?

A warrant is a legal order or "writ" issued by a judge or magistrate directing law enforcement officers to search a property or arrest an offender. The Fourth Amendment to the United States Constitution outlines specific requirements for issuing warrants. Primarily, probable cause (reasonable facts or circumstances) must exist before a warrant can be released, and an affiant must attest to these facts under oath to a judge or magistrate.

Some warrants issued in Georgia include arrest, bench, fugitive, and search warrants. The rules for executing warrants in Georgia depend on the reason for the issue. However, warrants are typically executed by sheriff's offices or other authorized personnel.

In Georgia, apprehending a person or searching their property sans a warrant violates their Fourth Amendment rights. Any peace officer who performs such an action may be liable for damages under the law.

Are Warrants Public Record in Georgia?

Yes. Warrants are considered public records in Georgia, and their accessibility is governed by the Open Records Act. This means the general public can peruse the information in an active or pending warrant.

However, there may be restrictions on the accessibility of warrant information, particularly if disclosure of a warrant may:

• Jeopardize the safety of involved victims or accused persons. This includes private information like physical addresses and Social Security numbers.
• Lead to the flight of a warrant subject or potential witnesses.
• Result in the tampering or destruction of evidence.
• Jeopardize the progress of a criminal investigation.
• Unnecessarily delay a trial.

Likewise, certain warrants, such as search warrants, are not disclosed to the public until executed.

How Do I Look Up Warrants in Georgia?

Warrants in Georgia may be handled discreetly to avoid scaring away the subject of a warrant. Thus, one may not discover an active warrant for their arrest or property search/seizure until a law enforcement officer has executed the order.

Anyone who wishes to look up warrants in Georgia should consider third-party websites as their first point of call. The typical requirements for a warrant search on such platforms include a subject's first and last name and the location where a warrant was issued.

Most third-party aggregate websites offer free searches, with paid alternatives for extensive searches and report downloads. Depending on the terms and conditions of the website, the fees may be one-off or subscription-based.

In some cases, a provider may offer a one-month free trial. Once it ends, the website may charge around $28.05 to $46.56/month or a discounted bulk subscription fee. This fee varies based on the user's preferences and the platform's features.

To ensure authenticity, one should verify the warrant information from a third-party website with governmental sources.

What is a Search Warrant in Georgia?

A Georgia search warrant authorizes a law enforcement officer to search a property, person, or place for crucial evidence that may aid a criminal investigation or court proceeding. A search warrant requester must present probable cause via a written affidavit explicitly identifying the person or place to be searched (GA Code § 17-5-21).

• Are Search Warrants Public Records in Georgia?

  No, search warrants are not public records in Georgia. Until executed and returned, a search warrant and all relevant materials, recordings, and transcripts are exempt from public disclosure (GA Code § 17-5-24).

• How Long Does it Take to Get a Search Warrant in Georgia?

  There is no stipulated time frame for the issuance of search warrants in Georgia. If the basic requirements for a search warrant, including probable cause and an affidavit, are met, the judge will append their signature and issue the warrant. However, the urgency of a case may cause a judge to grant a search warrant within minutes.

• How Long Does a Search Warrant Last?

  A Georgia search warrant only lasts for ten days. Where a warrant is not executed within that limit, the police must return the warrant to the issuing judge as "not executed."

What is a Bench Warrant in Georgia?

A bench warrant in Georgia is a legal order by a judge or magistrate to arrest a person who violated a court order or refused to show up in court even after receiving an initial notice. GA Code § 17-7-90 governs the issuance of bench warrants.

What is an Arrest Warrant in Georgia?

An arrest warrant is a judge or magistrate's authorization to apprehend and detain the alleged suspect of a criminal offense. GA. Code § 17-4-41 outlines the requirements law enforcement officers or other authorized persons must meet before a court issues an arrest warrant. Arrest warrants contain personal identifying information of an accused person, the issue date, and the execution process.

How to Check if You Have a Warrant in Georgia

A county sheriff's office should be the first point of call for anyone who wants to check if they have a warrant in Georgia through government departments. This is because law enforcement officers are the executors of warrants.

Some sheriff's offices may request the inquirer's physical presence, while others provide warrant information via an internet portal. Identifying information such as a name or government-issued identification may be required. Once provided, the office will provide existing or pending warrants on file for the subject.

Another way to check for a warrant in Georgia is through a county court. Clerks in courthouses maintain dockets that a case party may request to determine if a warrant was issued in their open court case.

Can You Check Warrants Online in Georgia?

Yes, one can check warrants online in Georgia on law enforcement websites. The Appling County Sheriff's Office, for example, releases a comprehensive list of active warrants containing offenses and warrant types on its website. Where no online database is provided, an individual may visit an office during work hours. Typically, in most Georgia counties, inquiries regarding active warrants are not processed over the phone.

How To Find Out If You Have a Warrant for Free

Anyone who wants to find out if they have a warrant for free should visit the county sheriff's office. Most offices require the first and last name of the warrant subject to process such inquiries.

Furthermore, people who know the court where a warrant was issued may contact the courthouse. Case in point: Calhoun County courts provide phone numbers that the members of the public can call to request warrant information.

On a note of caution, persons seeking active warrants in their name may request an attorney's help, as a direct inquiry may result in an arrest.

How to Find Out if Someone Has a Warrant Online For Free in Georgia

Individuals can access a local sheriff's warrants database or court portal at no cost for information regarding active or pending warrants. Most warrant information is available to the general public, except where confidentiality provisions apply.

How Long Does a Warrant Stay Active in Georgia?

Warrants remain active in Georgia unless executed, a court withdraws the order, or the subject dies. This is to ensure the administration of justice.

However, certain warrants become void if unexecuted within a particular time frame. As mentioned, Georgia search warrants have a 10-day limit.

How Do I Find Out If I Have a Federal Warrant?

The Warrant Information System (WIN) is a comprehensive database maintained by the U.S. Marshals Service (USMS). It contains federal warrants, court records, internal correspondence related to the warrant, and other information about warrant subjects. However, WIN is not public; only authorized persons can request access.

In most cases, members of the public will only know of or find federal warrants after they have been executed. However, no one is precluded from submitting an FOIA request to the U.S. Marshals Service for warrant records. A request must be in writing, which can be submitted electronically via the USPS Public Access Link or by mail to the address below.

United States Marshals Service

Attention: FOI/PA Officer

Office of General Counsel

CS-3, 15th Floor,

Washington, DC 20350-0001