As with most other states, Maryland police officers do not need a warrant to arrest an individual if they catch the individual in the act of a crime. Nor do they need a warrant if there is probable cause that suggests the individual committed a crime.
Police can arrest without a warrant if:
- They witness the crime
- They have an eyewitness of the crime
- They have probable cause that the defendant committed a crime
In the event that police do have an arrest warrant for an individual, they can arrest the person at any time day or night.
If the police go to the defendant’s home to arrest them, and the defendant refuses to let them come in, the police have the authority to break down doors or break through windows for the purpose of making the arrest.
If you believe that you or somebody that you know has a warrant, we recommend that you do a Maryland warrant search to know for sure so that you can take action on your own terms.
Active Warrants in Maryland
When somebody has an active warrant it means that the terms of the warrant have not been executed yet. When a judge or a magistrate signs a warrant it is to give an order for law enforcement to carry out the action that the document calls for.
For example, if the warrant calls for the arrest of an individual for charges that have been filed against them, in order to execute the warrant law enforcement would have to arrest the person named in the warrant.
As long as a person has an active warrant against them they will be in jeopardy of being arrested.
Warrants will be carried out in regards to the type of warrant that has been issued. An arrest warrant and a search warrant will be handled much differently than each other.
Types of Warrants in Maryland
There are several types of warrants by name that can be issued against a person in the United States, but all warrants stem from three basic types of warrants:
- Search warrants
- Bench warrants
- Arrest warrants
Although all warrants are merely documents that have been signed and deemed official by the court system, each type of warrant will be carried out in the manner that they have been issued.
Where search warrants allow a person to be searched, bench warrants and arrest warrants allow a person to be detained and brought to jail.
Bench warrants and arrest warrants will give police permission to place the person named into handcuffs and arrest them, but an arrest warrant and a bench warrant come from two entirely different situations.
Warrant Records Search
Search Warrants in Maryland
Whenever a judge or magistrate issues a search warrant it is so that law enforcement can legally search the body and/or the property of the person named in the warrant.
Search warrants are tricky and have to be created in a way that completely adheres to all state and federal laws. The judge or magistrate that issues one has to believe that there is probable cause that will justify the warrant.
The Fourth Amendment to the US Constitution is in place so that citizens do not have to worry about unreasonable search and seizure practices conducted by law enforcement officers. Police do not have the authority to simply search a person and seize their property for whatever reason they want.
If a search warrant is not conducted properly police may:
- Endanger the validity of any evidence they discover
- Be subject to lawsuits and fines
- Be subject to disciplinary action
All of the details pertaining to the search must be included in the warrant in order to justify its validity:
- Information regarding the subject of search
- What is so be searched
- Area of where the search will be conducted
Any evidence that the police discover during the search will be confiscated and held for court procedure purposes.
Bench Warrants in Maryland
When a bench warrant is issued in the state of Maryland it is because the judge or magistrate signed it into activity directly from the bench in the courtroom. This type of warrant is issued when a person directly disobeys a court order.
Although the most popular reason for bench warrants is for a person to fail to show up for an appointed court date, other reasons can be:
- Failure to pay a fine on time
- Failure to report to jury duty
- Failure to report to work project or community service
When a person has a bench warrant out for them they are in jeopardy of being arrested at any time.
Depending on the severity of the warrant the authorities may actively and aggressively seek out the defendant to bring them to jail, or they will wait patiently for the defendant to be pulled over in a traffic incident.
Once a bench warrant is issued it will stay active until the person named in it has been either arrested or ordered to appear in court. Bench warrants do not vanish or expire over time the only way that they become inactive or invalid is when they have been executed, or a judge signs the warrant off.
Arrest Warrants in Maryland
When a judge issues an arrest warrant in Maryland it is usually as a result of the district attorney filing charges against an individual. Although police have the option to contact a judge after regular hours in order to request a warrant for arrest, in most cases, the warrant is a result of criminal charges.
An arrest warrant can be issued against a defendant:
- When an eyewitness reports a crime and identifies the defendant
- When the police find evidence at a crime scene that implicates the defendant
- When the police identify the defendant as being involved with a crime
In cases where the suspected individual flees from the police, yet is identified, police can approach a judge and request a warrant for the arrest of the person. Although police are allowed to arrest a person if they believe there is probable cause, the presence of a warrant allows them to aggressively seek the individual even to the point of breaking in doors where the person is believed to be.
The main difference between an arrest warrant and a bench warrant is that an arrest warrant represents a fresh, new case that will go through the court process. In most cases, a bench warrant is the result of a case that is currently active.
Every warrant will have its own set of directions that are to be followed out to the exact description within the document. If an arrest warrant is issued against an individual the police are required to confirm the identity of the subject that they arrest, and inform that individual of the charges that are being brought against them.
Protecting Yourself from Arrests
If you or somebody that you know could have a warrant out for immediate arrest the best way to go about being aware of it is to continually do online warrant searches. When you are aware of warrants it gives you an opportunity to seek legal advice and hopefully deal with the warrant without having to go to jail. The best thing a person can do is be aware.
***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.