If a person has an arrest warrant against them in the state of Louisiana the authorities are expected to pursue the named individual and bring them into custody as soon as possible. Although in order for a judge or magistrate to issue a warrant of arrest there must be adequate probable cause, once the warrant is signed and activated law enforcement will have full authority to take immediate action.
With an arrest warrant in effect officers can:
- Handcuff, detain, and arrest the subject at will
- Break doors or windows of a building in order to make the arrest if necessary
- Arrest the subject of the warrant at work or school
In most situations where an arrest warrant is involved, law enforcement officers will not simply let the subject walk away with a warning and a promise to appear. The reason for the arrest warrant is to bring the person in to face charges.
If you believe that you or somebody that you know has a warrant, we recommend that you do a Louisiana warrant search to know for sure so that you can take action on your own terms.
Outstanding Warrants in Louisiana
In most cases, the only way to deal with an outstanding warrant in Louisiana is to allow it to go through the motions and be executed by law enforcement. Although there are several ways a person could go about handling the warrant, all of them end up in the hands of the court in one way or another.
Since a warrant is issued by a judge or a magistrate through the court system it has to be satisfied by the court.
The reason a person could have an outstanding warrant could be:
- They are not aware of it
- The law enforcement agencies have not executed it
- The subject of the warrant is in hiding
Not all warrants are issued for the arrest of an individual. Each case will have its own details that make up the foundation of the warrant. The way that the warrant is handled by law enforcement will be dependant on the type of warrant that has been issued, and the severity of the situation.
Types of Warrants in Louisiana
There are more than a hundred types of warrants that can be issued against an individual in the United States, but in the state of Louisiana there are three basic types that are the most common:
- Arrest warrants
- Bench warrants
- Search warrants
Although these are all warrants and are similar to each other in some ways, they are very much different from each other due to the context of the issuance.
Where arrest warrants and bench warrants allow officers to aggressively seek out and arrest the named individual, the reasons for the warrants are completely different.
Where arrest warrants allow officers to arrest the individual, search warrants allow police officers to search the person and property of the subject of the warrant.
Warrant Records Search
Arrest Warrants in Louisiana
As we mentioned above when there is an arrest warrant in place officers have the authority to arrest the named individual and bring them to jail.
A few reasons why an arrest warrant would be issued are:
- An eyewitness reported the defendant committing a crime
- Lab results from in investigation implicated the defendant
- A federal indictment has been issued
- Video footage caught defendant in criminal activity
Generally, the way that an arrest warrant is issued is after the district attorney has filed charges against the defendant. Once official charges have been filed, the DA will bring the case in front of a judge to issue the warrant.
Although an arrest warrant carries a lot of weight, police do not need a warrant to arrest an individual if they find probable cause.
Law enforcement does not need a warrant if:
- Police witness the defendant committing a crime
- An eyewitness points out the defendant
- The defendant is running away from a crime scene
- It is probable that the defendant committed a crime
An arrest warrant is signed into effect in order to bring the person named in the warrant into custody so that they can face criminal charges in a court of law.
Bench Warrants in Louisiana
If a person has a bench warrant in Louisiana it means that a judge or a magistrate issued a warrant from the bench of the courtroom that calls for the subject to be remanded into custody. When a warrant is issued from the bench it is because the person named in the warrant failed to comply with a court order.
Some of the most common reasons a bench warrant is issued are:
- Defendant was absent for a court date
- Defendant failed to pay a court-ordered fine
- Defendant failed to report to community service
Some other reasons a person could have a bench warrant are issues like traffic tickets and non-compliance with jury duty orders.
When a person has an active bench warrant the police have just as much power as they would in the event of an arrest warrant. However, in many cases, if authorities pull over a person with a bench warrant they have the option to let them go with a promise to appear.
Where an arrest warrant is the result of criminal activity that has yet to be answered to in court, a bench warrant will be regarding a case that is already active and is in process.
Since bench warrants can be issued for such minor infractions there are many people that have them and are not even aware of them. The downside of having a bench warrant and not being aware of it is that law enforcement can take you to jail at any time.
Search Warrants in Louisiana
In order for the state of Louisiana to stay in compliance with the Fourth Amendmendment Laws, police officers must adhere to the requirements set forth by the United States to ensure that civilians are safe from unreasonable search and seizure practices.
When it comes to the way that search warrants are handled in the state, Louisana has its own set of search warrant laws that correspond with the federal laws that are in place.
A judge will issue a search warrant for an individual if they determine that there is ample probable cause. Some of the situations that deem a search warrant necessary are:
- Suspected sales of illegal firearms
- Suspected sales of illegal drugs
- Suspected exploitation of minors
With a search warrant in place, officers have permission to search the personal property of the person named in the warrant. However, the details of the search and where officers can search must be clearly stated in the warrant.
If officers conduct a search in a manner that differentiates from the orders of the warrant they will be at risk of losing any evidence that they discover.
When a search warrant is discussed, written out, and issued it is behind closed doors and out of the view of the public in order to ensure that the named subject does not get a chance to destroy or hide incriminating evidence.
Once the warrant is signed into action law enforcement can act upon it and execute the search immediately.
Why to Conduct Reguar Warrant Searches
Peole can go through life for years having a warrant and never know about it until they are getting hauled off to jail. By conducting regular warrant searches people have the freedom to know that they are being sought after by the law witout having to get arrested and go to jail. In many cases, just knowing that a warrant is present will allow the subject of the warrant to handle the situation without ever having to go to jail.
***Regardless of which state you live in it is always wise to contact an attorney for any questions that you may have when it comes to warrant laws or any other legal concerns. The content found on this website is only for informational purposes and is not to be mistaken for legal advice.