Are Warrants Public Record in Mississippi?
Per the Mississippi Public Records Act, warrants are public records unless otherwise provided for by law. Hence, anyone can inspect or obtain copies of warrants at any law enforcement agency in Mississippi. A warrant record search can be done online or in person at the record custodian's office. Per Mississippi Code §45-29-1, a criminal affidavit and warrant are confidential until the warrant is served. Warrants are featured within Mississippi criminal records and the state’s judicial records.
What is Considered a Warrant in Mississippi?
A warrant is a writ, order, or legal document that authorizes law enforcement agents to take actions, such as arrest, search, and other actions that may constitute an infringement of rights without a warrant. In Mississippi, judges and magistrates have the competence to issue warrants, and law enforcement agents such as sheriffs and police officers enforce warrants.
Warrants have different purposes, and as such, Mississippi Courts issue different types of warrants. Arrest, search, and bench warrants are some of the most common types of warrants. Other types of warrants include the governor’s warrant, fugitive warrant, alias warrant, civil capias warrant, and a capias pro fine warrant. These warrants authorize law enforcement agents to arrest and detain persons named on the warrants or seize properties named on the warrants.
Judges or magistrates must determine probable cause before issuing warrants. This means that the requesting law enforcement officer must perform a thorough investigation and collect sufficient evidence to prove sufficient grounds for issuance to the judge or magistrate. The law demands probable cause to prevent the violation of citizens’ constitutional rights through illegal search, arrest, or detention.
How to Find Out if You Have a Warrant in Mississippi?
Most warrants do not expire until the person named on the warrant resolves it, or a judge recalls the warrant. Persons interested in conducting a Mississippi warrant search may do so in the following ways:
- Search the state’s Most Wanted database
- Contact a local sheriff’s office
- Online public record databases
Persons who want to check if they have outstanding warrants in Mississippi may begin with the Mississippi Department of Public Safety’s most wanted database. The database contains a list of wanted persons and the crimes they are wanted for. The database has details such as the suspects’ names, photographs, date of birth, gender, and address. The database is a part of the Mississippi Justice Information Center, a technical support system for law enforcement agents.
Interested parties may also contact local sheriff’s offices or warrant divisions of sheriff’s offices to find out if they have outstanding Mississippi warrants. An example is the Warrant Division of the Desoto County Sheriff’s Office. Requesting parties may also contact local law enforcement agencies or county court clerks to find out about warrants in the state.
In Mississippi, warrant records are public information. Third-party websites also maintain records of warrants issued or executed in various jurisdictions. 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 Mississippi?
The lifespan of a warrant in Mississippi depends on the type of warrant. While some warrants expire after a period, some warrants remain active until either a judge recalls the warrant or the person named on the warrant resolves it. Typically, search warrants expire after a while. Even so, it is very easy to re-issue warrants. On the other hand, bench warrants or arrest warrants do not expire even if the person named on the warrant moves to a different state.
Not all warrants require law enforcement agents to begin an immediate search for the person(s) named on the warrant. Additionally, it can sometimes be difficult to track down suspects or persons named on a warrant. This is why law enforcement agents execute warrants as soon as they identify the person or property named on the warrant. This means that even if a suspect has gone unnoticed for a very long time, law enforcement can arrest or detain the suspect once identified at a random police stop.
It is important to note that even if the statute of limitations for the offense the warrant was issued for expires, law enforcement can still execute the warrant. However, the state may not be able to prosecute the offense. It is best to resolve any outstanding warrants as soon as possible. To conduct a Mississippi warrant search, interested parties may contact local sheriff’s offices or police departments.
How Long Does It Take to Get a Warrant in Mississippi?
It takes about a few hours to a few days to get a warrant in Mississippi. One major factor that determines the length of a warrant is the credibility of the information. Other factors include the availability of a judge and how quickly the law enforcement officer can convince the judge that a warrant is necessary.
How Do Search Warrants Work in Mississippi?
A Mississippi search warrant authorizes law enforcement agencies to search a property or a person named in the warrant for evidence to support a case or charge. Search warrants typically have time limits and expire within ten (10) days. This means that the warrants specify what time of day the executing officer may conduct the search. If the officer executes the warrant outside the court’s specifications, the court may not admit the evidence that the officer gathers. The court may re-issue a search warrant after expiration if the court believes that there is still a reasonable cause to search the person or property.
The law enforcement agency must take an inventory of all items seized during the search and return the warrant to the court with the inventory. Search warrants are not authorization for arrest or detention. Law enforcement officers with search warrants may only search the persons and property named on the warrant. The executing officer may also only seize items present on the property at the time of the search. Before the court issues a warrant, there must be probable cause. Also, the requesting officer must sign an affidavit to accompany the warrant. In Mississippi, the court issues search warrants when there is reasonable proof or reason to believe that there is:
- Evidence of crime
- Items used or intended for use in a crime on the property
- An illegally detained person on the property
- Unlawful possessions on the person or the property
How Does a Mississippi Search Warrant Become Invalid?
The law requires the establishment of probable cause before the court issues a warrant. Warrants issued without probable cause or accompanying affidavit are invalid. Additionally, search warrants typically specify the person or property to search. Where necessary, the warrant may also state the particular items to search or seize. If the executing officer goes outside the scope of the warrant, it may result in a violation of the suspect’s constitutional rights.
The Fourth Amendment to the Constitution of the United States protects people from unreasonable searches and seizures. The law also states that there must be probable cause and a supporting affidavit before a court issues any warrant. The court may not admit any evidence collected outside the scope and directions of a search warrant.
How to Conduct an Active Warrant Search in Mississippi
An inquirer can conduct an active warrant search online or in person at law enforcement agencies. For example, the Mississippi Department of Public Safety has a Most Wanted list where individuals can find warrant information about fugitives. It reveals the fugitive’s name, race, sex, weight, height, eye and hair color, date of birth, age, charges, and last known address.
The County Sheriff offices in Mississippi also provide access to warrant information. For example, a requester can conduct an active warrant search in the George County Sheriff’s Office via the Most Wanted Search tool. The search criteria are by name, date, or arrested. Requesters can also use the alphabet on the screen to locate a person’s warrant information. Alternatively, individuals can visit the Sheriff's Office during business hours (Monday to Friday, 8 am - 5 pm) to retrieve warrant information. The requester would have to provide a name and birth date to facilitate the search. The Office is located at:
George County Sheriff’s Office
355 Cox Street, Suite B
Lucedale, MS 39452
Phone: (601) 947-4811
Email: info@georgecountymssheriff.com
Free Warrant Search Options in Mississippi
Most law enforcement agencies in Mississippi allow free access to warrant information online or in person. For example, here is how to get Tunica County online:
- Go to the Tunica County Sheriff's Office website
- Click on “Most Wanted” at the top bar
- Click “Accept to Continue” to agree to the disclaimer.
- Conduct a search by name, date, or arrest
A list of warrants related to the search will be displayed on the screen. Click on any resulting fugitive’s name to begin viewing the court record. The search result reveals the fugitive’s full name, address, sex, date of birth, hair and eye color, height, weight, race, and mugshot. Alternatively, individuals can visit Tunica County Sheriff’s Office to view warrant information for free during business hours (Monday to Friday, 8 am - 5 pm). The office is located at:
Tunica County Sheriff's Office
5126 Old Mhoon Landing Road,
Tunica, MS 38676
Phone: (662) 363-1411
Email: sheriff.kchamp@tunicagov.com
Arrest Warrant in Mississippi: Rules of Procedure
In Mississippi, an arrest warrant is a legal document or writ that authorizes law enforcement agents to arrest and detain persons named on the warrant. Arrest warrants may be connected to civil or criminal cases. A judge or grand jury may issue a criminal arrest warrant after an indictment. Where necessary, the arresting officer may break into a property to execute an arrest warrant.
Like other types of warrants, the court only issues arrest warrants after a determination of probable cause. The requesting officer or agency must do due diligence and present enough evidence to the court. The officer must also accompany the warrant with an affidavit. In some cases, the law allows officers to make arrests without a warrant. Some of the cases where an officer can make a warrantless arrest include:
- When a person commits an offense or breaches the peace in an officer’s presence
- When an officer has reason to believe that the suspect committed a felony
- When there is an outstanding misdemeanor warrant for the suspect
- When the officer has reason to believe that the suspect committed a misdemeanor within 24 hours
- When the officer has reason to believe that the suspect committed domestic violence, sexual violence, or the suspect violated a sexual violence protective order
- When the person violates parole or supervision
Mississippi Child Support Arrest Warrants: What You Need to Know
Courts issue child support arrest warrants in Mississippi in connection to unmet child support obligations. A child support payment is a court order, and the court may treat willful refusal as contempt. Parents who are arrested for child support order violations may spend up to two (2) years in jail and face other enforcement and collection measures. The Department of Human Services oversees child support collection and enforcement in Mississippi. It is important to note that Mississippi laws do not penalize destitute parents or those who lack the required resources to make child support payments.
Mississippi Bench Warrants: Issuing and Arrests
A Mississippi bench warrant is a type of arrest warrant that the court issues when a person, typically a case party, fails to appear at a scheduled court hearing. Bench warrants typically come with a bond amount. However, if a person is arrested for failure to appear after making bail, such a person may forfeit bail upon arrest. This means that the person will be in custody until the case resolution or until the court delivers a final judgment. Persons arrested on bench warrants may also incur additional court costs. It is best to notify the court in advance if there will be a reason to miss a court hearing.
Failure to Appear in Mississippi: Rules and Consequences
Failure to Appear in Mississippi is a type of bench warrant. In this case, the person could be a defendant, a juror, or a witness. If a plaintiff fails to appear in court, the court may dismiss the case. On the other hand, when a defendant, juror, or witness fails to appear in court in Mississippi, the court issues a judgment nisi. However, if the party appears before the court, surrenders, or is arrested within 90 days, the court may set aside the judgment nisi. The court may also set aside the judgment nisi if the party provides a good reason for the absence. Examples of acceptable defenses include hospitalization, rehabilitation, and witness protection.
How Long Do You Have to Stay in Jail for a Warrant for Missing Court in Mississippi?
Depending on the circumstances surrounding the case, failure to appear or missing court could result in criminal charges or contempt of court. The court may hold the offender in custody until the end of a case or until the person meets certain conditions. If the court treats failure to appear as a misdemeanor, the offender will stay in jail for up to a year. Where the court counts the offense as a felony, the offender will stay in state prison for no less than a year.
Failure to Pay in Mississippi: How It Works
Failure to Pay is another type of bench warrant. If a person willfully fails to make court-ordered payments such as traffic tickets, fines, court fees, and restitution, the court may treat it as contempt. According to House Bill 1033, the court may issue a warrant for such a person’s arrest and keep the person in custody until the person makes the required payment. The court will only incarcerate persons who do not make court-ordered payments if the court finds at a hearing that the person willfully defaulted. The court does not penalize persons who cannot pay due to financial hardship.
No-Knock Warrant in Mississippi: General Laws
A no-knock warrant authorizes law enforcement officers to enter a property without notifying the occupants through knocking or announcing their presence. Mississippi requires law enforcement officers to notify the occupants of premises when executing a warrant. If the property is unoccupied, the officer must leave a copy of the warrant in a secure and prominent place on the premises.
Mississippi limits the issuance of no-knock warrants. HB1300 states that upon receiving an affidavit and sufficient evidence, a judge may issue a no-knock warrant if there is probable cause for an administrative inspection. Further, the warrant must:
- State the grounds for issuance
- Contain the executing officer’s name
- Identify the person or property to be searched or arrested.
How to Perform a Federal Warrant Search
Most federal law enforcement agencies in the United States have online tools where an individual can conduct a federal warrant search. For example, the Federal Bureau of Investigation (FBI) provides access to federal warrant searches through its “Most Wanted”. Similarly, the U.S. Immigration and Customs Enforcement (ICE) has a “Most Wanted” page that provides access to warrant information.
Does Mississippi DBS Check for Warrants?
The Mississippi Driver Service Bureau (DSB) does not run a warrant check. However, if the warrant has to do with a traffic offense, a notification will be sent to the DSB, which might result in a license suspension. The suspension will remain until the warrant is cleared.