Wyoming Warrant Search
A warrant refers to a court order provided by a court of law allowing law enforcement personnel to search and seize a person or property, which is accounted for in the issuance. Upon issuing the warrant, it is uploaded to the law enforcement database pending action from officers. There are different forms of warrants in Wyoming.
Depending on the type, some do not have expiry dates, so they are open up to the time; the person is taken into custody. The information on warrants is also easily accessible by all law enforcement agencies across the state. Any peace officer can also implement an active warrant within the state jurisdiction.
Arrest warrants may also be valid if they are from another state, but law enforcement must go through extradition processes to move one person from one state to another for prosecution. Considering Wyoming is a closed records state, only particular parties are allowed access to view warrants. That means law enforcement agencies and certain employers are the only parties that can access the records online. Though if the local courthouse has a site, it is possible to find the warrants there. The local police department might have a site where the public can check to see if they have an outstanding warrant for their arrest. In this case, the search is personal rather than for another party.
It is not advisable to check if there is an outstanding warrant for one’s arrest at the sheriff’s office or the local police department. If the person finds an outstanding warrant while at the police station, they will be detained immediately. The process of arrest and booking also takes hours to complete. One will also have to make calls to legal counsel and loved ones in hopes of getting a bondsman so they can get out of jail.
If they were driving, the vehicle would also have to be retrieved from the impound lot. These processes can be inconvenient and cost money. Similarly, once a person is taken into custody, it remains on their public record. The best way to approach it would be checking remotely and conferring with legal counsel on the best way to surrender to authorities.
Warrants contain specific information on the person or property to be searched and seized. If they do not have this information, they can be legally disputed, resulting in a dismissal of the charges on the person. According to Wyoming Statutes Title 7 on criminal procedures, the warrant is executed by a law enforcement officer provided they have probable cause to believe that an offense has been done. Wyoming statutes also maintain that the warrant has to be in writing and in the name of the state of Wyoming. It will also provide the date and county of issuance, detailing the court, as well as the documents to be filed.
How Long Does a Warrant Stay Active in Wyoming?
In Wyoming, there is no statute of limitation for warrants, regardless of the nature of the crime. That means a warrant remains open from when it is issued to when the individual is apprehended. The basis of this provision for warrants is to ensure that criminal trials proceed with the appropriate evidence available. A warrant in the state can remain active for several years, and the state prosecutor can file charges on the individual at any time, provided sufficient evidence.
The law indicates that any person charged with a felony or misdemeanor and found within another state shall, on demand by the authorities, be delivered to ace justice. Similar provisions abide by search warrants, albeit there is a duration when they can be served to the person or for their property. According to the law, it commands the officer to search within a period that does not exceed ten days. The search warrant may also be specifically served between 6 am and 10 pm unless there is sufficient reason for it to be carried outside of these bounds.
What Are the Most Common Warrants in Wyoming?
The state of Wyoming has different types of warrants issued, depending on the circumstances of the case and the action types the court needs the police to perform. The crimes committed have a bearing on the warrant that is issued. For example, drug-related offenses may result in search warrants, while alleged robbery attracts an arrest warrant. All arrest warrants mandate law enforcement to place the listed offender in custody when they contact them. Search warrants, though, allow the police to enter and search property as specified on the document.
Arrest Warrants
An arrest warrant is given to law enforcement by a judicial officer to detain a person. The criteria for an arrest warrant is that there is probable cause that the person committed the offense. According to Rule Number Four from the Wyoming Criminal Procedure laws, the warrant has to be signed and contain information such as the person’s name, height, weight, eye color, and race. A description of the offense committed should also be there, showing probable cause for the person's arrest. There will also be a command that police officers should arrest the person and bring them before the courts which issued the warrant.
A warrant is not legal unless it has these prerequisites, so a judge will review the complaint or the allegation forwarded by the police officer. Then they will determine if it is necessary to issue a warrant. A judicial officer may reject an application for a warrant. In these scenarios, the judge will sign the document and affidavit showing it has not been approved; then, it will be stored as a record. It is also worth noting that a person over 19 can serve the warrant provided they are not a party to the action and have been appointed regarding the position.
Child Support Warrants
These are a form of arrest meant to detain an individual who has been found to have defaulted on support payments. During a divorce, one parent may be given custody of the children while the non-custodial parent pays a set amount for upkeep due to their absence. In the event the non-custodial parent does not pay child support consecutively, the other parent can seek legal action resulting in a warrant for their arrest.
Title 20 of the Wyoming state law concerns child support payments.
appropriate motion, the courts would mandate a parent to appear before them to show just cause why they should not be held in contempt. On showing that the parent violated the child support order, the courts can make a judgment as it sees fit. If the non-custodial parent is unemployed, though, the court can order them to participate in the personal opportunities with employment responsibilities work program. This is overseen by the Department of workforce services.
To enforce and require compliance with an order, the judge can find the obligor in contempt, resulting in fees awarded to the custodial parent. It may order that the non-custodial cater for all legal fees and costs associated with the process.
Search Warrants
A search warrant is an order from a judge in Wyoming requiring the search or seizure of a person or their property. These can be issued by any district court commissioner, circuit, or district judge. The grounds for a search warrant, according to state law, is if the property is designed or intended for use or which has previously been the means of committing a crime. It is also if they consist of any item or entail evidence that shows a crime or violation has been committed. Search warrants are only warrants which have a statute of limitations in Wyoming. They have to be implemented within ten days from the time of issuance.
The judge can only issue a search warrant if there is an affidavit sworn under oath that the property or person fits the given criteria. Search warrants contain the identity of the person affiliated and a description of the property the search will cover. Probable cause for the commission of a crime or evidence for a violation should also be established.
According to Rule 41 detailing the Criminal Procedure, the officer implementing the search warrant has to do it within ten days of issuance. They also have to do it between 6 am and 10 pm unless extenuating circumstances would justify carrying out the warrant outside those time parameters. If the officer violates the criteria in any fashion, then the search warrant loses validity and can be disputed.
Bench Warrants
Bench warrants are initiated when a person violates a court order from a judge. Judges can issue warrants for offenses such as refusing or failing to appear at a court appointment. It could also be from not paying a fine for a traffic offense or not performing court-ordered activities. For example, a police officer can initiate a traffic stop on a person due to speeding and issue a ticket along with an order to appear in court on a certain date. If they do not appear in court, or that case, then the judge may issue a bench warrant. Considering the offense's minor nature, People with outstanding bench warrants are not hunted down. However, if a law enforcement officer comes across them and confirms their identity considering their database, they will be taken into custody. Upon arrest, the person can post bail, and the judge will determine later when the case is heard.
Similarly, in a family case, if a parent, guardians, or children willfully avoid the service of the order, then a bench warrant can be issued to the delinquent party. It is also important to determine if one has any outstanding warrants to avoid getting caught off-guard and pursue the best legal options available. Some counties allow for online searches, while others may require checking with verified third-party databases for a fee. This is important because public agencies like the Department of Motor Vehicles check for warrants when processing a license or application for vehicle registration. Most DMVs also do a background check on the applicants to confirm if they are eligible to obtain the requested document. If the agency finds that the individual is wanted, they may contact the police.
No Knock Warrants
No-knock warrants are issued during exigent circumstances when law enforcement officers want to search a person’s property without first announcing their presence. Before a judge can allow for a no-knock warrant, there has to be evidence that announcing their presence would open the police to significant bodily harm as the person is armed and dangerous. There may also be a high possibility that the o fender could escape the premises or try to destroy the evidence of the crime. These warrants are only to be used when there is reason to believe either or all of these could happen; therefore, judges may reject an application if there is insufficient evidence to prove the criteria. Should a judge also reject an application for a search warrant, it will be signed and become part of the record.
How to Perform Warrant Search in Wyoming
Unfortunately, Wyoming is a closed records state, which means the information is not open to everyone. Only particular employers, legal representatives, and law enforcement may access the appropriate records from issued government portals. That is through the county databases. Some do allow access by other parties though it depends on the particular county.
For example, Natrona’s County Sheriff’s Office allows free warrant searches. Alternatively, interested parties can use the District of Wyoming’s US Marshals platform to check for fugitives as it publishes their identities. The Attorney General’s office in Wyoming facilitates background checks at a fee of $15 if it is a statewide query and $24 for federal requests. To request the information, parties must send a check or money order to the Division of Criminal Investigation and the appropriate identities.
Individuals may also get information on warrants from third-party websites at a fee. These are convenient, considering the person does not have to expose themselves to the authorities when making a warrant search. Should law enforcement find an outstanding warrant on a person while they are doing the search, they will likely arrest them on the spot. For that reason, after confirmation of the remote query, the person can seek legal counsel on the best approach to surrender to the police.