Montana Warrant Search

A warrant search process involves inquiring whether a warrant exists in a person’s name. This process makes it possible to know if an individual is wanted for committing a crime. It also helps uncover circumstances surrounding the warrant issuance. The warrant search process in Montana generally involves contacting the relevant law enforcement agency to make such an inquiry. Having an attorney conduct the check may make the search easier and faster. A search can also be conducted through online third-party sites.

What is a Warrant?

A warrant is a legal document containing a court order authorizing a law enforcement officer to carry out a particular action, such as an arrest or a search. A judge can only issue a warrant if sufficient evidence of probable cause exists.

Residents of the United States are safeguarded by the Fourth Amendment from any unauthorized searches and seizures. This ensures that no warrant is issued without adequate probable cause. The most common types of warrants issued in Montana are search, arrest, and bench warrants.

Are Warrants Public Record in Montana?

Yes. The Montana Public Records Act supports disseminating warrant information to the public. However, warrants may not be readily accessible to the public under certain circumstances. For example, a search warrant is usually kept confidential at issuance and only made public after execution. It may also be kept confidential to safeguard an individual's privacy or for any other reason deemed necessary by the court.

How Do I Look Up Warrants in Montana?

Warrants in Montana can be looked up using third-party websites. These websites help mitigate the rigor of searching for warrants. Most third-party sites offer warrant look-up services for all the counties in the state. Individuals can use their services to search for any type of warrant in any county of Montana. They help individuals search a broad spectrum of warrants which would take more time and effort to do through official sources. The search criteria typically include the individual’s full name, age, city, county, and state. They usually charge a fee for their services. While third-party vendors are more convenient, they may not always accurately dispense information.

What is a Search Warrant in Montana?

A search warrant authorizes a law enforcement officer to search a particular person or property. It is typically issued when there is reason to believe a search of the location or property may bring to light necessary evidence to aid an ongoing investigation. The search warrant also allows the law enforcement officer in charge of the search to seize anything that can serve as evidence. This also includes carrying out an arrest if there is probable cause.

A peace officer (all law enforcement officers), city or county attorney, or attorney general can request a search warrant. Per Montana Code § 46-5-226, a search warrant can only be served by the peace officer named on the warrant.

• Are Search Warrants Public Records in Montana

  Search warrants are public per Montana’s Public Records Act and are accessible to the public. However, a search warrant is sealed at the issuance and only becomes open to public examination after being served. This is usually done to protect the ongoing investigation.

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

  There is no fixed time period to obtain a search warrant. The factors that influence how long it takes to obtain a search warrant include the availability of probable cause, access to a judge, and means of application. An application for a search warrant may be made to a judge in writing, electronically, or by telephone. The judge reviews the application and issues the warrant if the application sufficiently satisfies the following criteria:

• Includes conclusive or convincing evidence that an offense has been committed.

• State reasons to believe that a search may lead to the discovery of evidence.

• Contains an articulate description of the place, property, or person to be searched.

• Precisely describes who or what is to be seized.

• How Long Does a Search Warrant Last

  A warrant must be served within ten days after issuance, or it becomes void according to Montana Code § 46-5-225. All warrants not executed within the timeline are returned to the issuing court and marked as “not served.”

What is a Bench Warrant in Montana?

A bench warrant is similar to an arrest warrant, as they both command the arrest of a person. A judge issues a bench warrant when a person fails to appear in court or violates court orders. The warrant guarantees that the individual appears before the court to satisfy all obligations established by the court.

What is an Arrest Warrant in Montana?

An arrest warrant orders the arrest and detainment of an individual suspected of committing a crime. In contrast to a search warrant, an arrest warrant can be enforced by any law enforcement officer in the state in accordance with Montana Code § 46-6-215. Arrest warrants issued for offenses against city ordinances generally cannot be executed outside the city’s boundaries. In cases where immediate arrest is not required, a judge may issue a summons requesting the party to appear before the court. An arrest warrant is issued when a complaint is made before the court. Per Montana Code § 46-6-201, the content of the complaint, accompanied by any statement from a witness or affidavit, is examined by the presiding judge. The judge issues a warrant for arrest if, after examination, a probable cause for arrest is found. According to Montana Code § 46-6-214, a valid arrest warrant issued in the state must contain the following:

• The nature of the offense
• The name of the person or a description by which the person can be identified if the name is unknown
• A command instructing that the person to be arrested and brought before the nearest court
• The date of issuance and the municipality or county the warrant was issued
• The signature of the judge

The writing must be in the name of the state or municipality if the offense was against a municipal ordinance. The bail amount may also be included in the warrant.

How to Check if You Have a Warrant in Montana

Individuals wanting to check for a warrant can contact the relevant law enforcement agency in their locality. Warrant requests can be made in person, by phone, or by email. For example, the Yellowstone County Justice Court provides warrant information by phone at (406) 256-2899 and by email at JCcrimclerks@yellowstonecountymt.gov

The Montana Department of Justice (MDOJ) also has a repository of warrants issued in the state. These warrants can be accessed by conducting a criminal history check on the person. The check disseminates a person’s comprehensive criminal history, including warrant information. A check can be done online using the person’s name, date of birth, and Social Security Number (SSN). A mail-in request may also be made. The request should include the person’s name, date of birth, and SSN. Online checks cost $20, while mail-in requests cost $15.

Can You Check Warrants Online in Montana?

Yes, individuals can check for warrants online using several search portals made available by government agencies across the state. Most County Sheriff’s Offices maintain warrant databases open to the public. A typical example is the Warrant List provided by the Flathead County Sheriff’s Office. Requesters must choose a letter to sort the list by last name. A list of everyone whose last name starts with that letter will appear. Then select any name to read more warrant information.

How To Find Out If You Have a Warrant for Free

The following methods can be used to check for warrants for free in Montana:

• Contact the relevant court clerk by phone, email, or in person
• Contact the city police department or county sheriff’s office
• Use available online search portals provided by law enforcement agencies

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

A person can utilize online warrant databases to search for warrants. Most law enforcement agencies in Montana have search tools on their website that grant access to warrants. For example, the Butte City Court provides a list of Active Warrants for free on its website. Access to these databases makes a warrant lookup way more convenient, but it has certain limitations. A warrant sealed by the court from public view will not be accessible online and can only be obtained physically at the court or police department.

How Long Does a Warrant Stay Active in Montana?

The validity of a warrant in Montana depends on the nature of the warrant alongside several other factors. Arrest and bench warrants typically last forever and only become void if the warrant has been executed, the person taken into custody dies, or the judge recalls the warrant. The issuing judge may recall a warrant if a re-evaluation of the presented evidence reveals the evidence to be insufficient or improbable. Search Warrants only remain executable for ten days after issuance.

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

Federal warrants are issued when a person is deemed to have committed a federal offense. These warrants are executed and managed by federal agencies such as the Federal Bureau of Investigation and the United States Marshall Service.

The FBI allows individuals to request their criminal history records. The record can be requested online, by mail, or through an FBI-approved channeler. The FBI also provides a list containing its most wanted persons.

The USMS also offers federal warrant check services through its online warrant search tool or via a mail-in request. The USMS, just like the FBI, maintains a list of the agency's most wanted fugitives readily accessible to the public on its website.