Although the state of New Hampshire has among the lowest crime rates in the entire United States, it still has plenty of criminal activity. If a person has an active arrest warrant in this state they can expect to be apprehended by law enforcement and taken to jail as soon as it can possibly happen.
Reasons an arrest warrant may be placed upon a citizen are:
- An investigation produces incriminating evidence against the defendant
- The police witness the defendant running from the scene of a crime
- Video footage identifies the defendant engaged in a crime
Once an arrest warrant is issued it becomes active and law enforcement can immediately act on it. If the warrant is for a serious offense, law enforcement will aggressively seek out the subject of the warrant in order to maintain public safety.
Officers can arrest and detain an individual with an arrest warrant at any time and at any place. The warrant gives authorities permission to invade the personal property of the named individual and transport them to jail.
If you believe that you or somebody that you know has a warrant, we recommend that you do a New Hampshire warrant search to know for sure so that you can take action on your own terms.
What is an Active Warrant in New Hampshire?
When a person has an active warrant in the state of New Hampshire it means that they are in jeopardy of being held accountable to the orders of the warrant at any time. A warrant, in simple terms, is an official court document signed by a judge or a magistrate that demands action be taken against the individual that is named in it.
The action can be:
- An arrest
- A search
- Served a summons to appear
As long as the action specified in the warrant has not been executed the warrant will remain active, or outstanding, and the defendant will have to deal with it in one way or another.
Types of Warrant Classifications in New Hampshire
The three types of warrant classifications that New Hampshire mainly uses are known as:
- Search warrants
- Bench warrants
- Arrest warrants
Although all three of these are actual warrants, the way that they are carried out will be different. Since a warrant commands an action to take place, the specific action will be written in the content of the warrant.
While a search warrant will allow law enforcement to conduct searches and seizures on the individuals that are named within the document, an arrest warrant and a bench warrant will allow officers to step beyond the normal boundaries of the law in order to arrest an individual.
Warrant Records Search
Search Warrants in New Hampshire
Usually, when a law enforcement officer or a district attorney in New Hampshire requests a search warrant to be issued against an individual it is because there is a probability that the person is either in possession of evidence or is engaged in criminal activity.
Because of the Fourth Amendment to the Constitution of the US police and other law enforcement agencies have to keep their search and seizure tactics aligned with the laws that protect citizens from unlawful and unreasonable searches.
When a search warrant is constructed the judge must include detailed information regarding the subject including:
- Name or description of the person
- Building, vehicle, or vessel to be searched
- Articles to be searched for
- Areas of search
Police will have permission to search the person and the property of the named individual, however, they must adhere to the specifications listed in the warrant.
If law enforcement goes outside of the lines of the scope of the warrant, the entire search mission could be deemed illegal and irrelevant as evidence in the court proceedings.
Bench Warrants in New Hampshire
A bench warrant will be issued in the state of New Hampshire in the event of non-compliant criminal offenders. When a judge issues a warrant from the bench of the courtroom it is because a defendant failed to comply with an order of the court.
Where search warrants and arrest warrants are issued due to law enforcement or a district attorney requesting them, a bench warrant is issued solely at the discretion of the judge.
In most cases, a bench warrant will be issued as the result of a defendant failing to appear before the judge in court at an appointed time. However, other factors that could invoke a warrant from the bench are:
- Failure to pay off a fine in the allotted amount of time
- Failure to report to a sentencing commitment
- Failure to respond to a summons
- Failure to accept a jury duty summons
This type of warrant is an order to remand the defendant into the custody of the court. Police will have the authority to place the person named in the warrant under arrest and bring them to jail. However, in most cases, the police officers will issue a summons for the individual to appear in court as opposed to taking them to jail.
Arrest Warrants in New Hampshire
Police officers in New Hampshire do not need an arrest warrant to arrest a person if they determine that there is probable cause that the person committed a crime. Instances that substantiate probable cause could be:
- The officers witnessed the defendant committing a crime
- An eyewitness comes forth with a statement
- The defendant is caught running from a crime scene
Although not all situations merit an arrest warrant, when police have a warrant to arrest a person, they have the authority to show up at the residence of the individual and break down the door if necessary.
Most of the time when an arrest warrant is issued it is the result of a district attorney filing criminal charges against a defendant. Once the charges are officially on the books, the DA will approach the judge and request an arrest warrant to be issued upon the defendant.
In cases where the officers consider the situation an emergency they can approach a judge after hours and request a warrant for the arrest of an individual.
Once an arrest warrant is issued the only ways that it can be satisfied is if:
- The warrant is executed and the defendant is arrested
- The defendant named in the warrant dies
- A judge signs the warrant off in court
What this means is that if there is a warrant out for the arrest of an individual it will always be active until an action takes place to nullify it.
Why to Continually Do Warrant Searches
When a person performs regular warrant searches they give themselves an opportunity to stop a catastrophy from happening before it has a chance. Many of the people that get stopped for traffic violations are not aware that they even have warrants out for them until they are sitting in jail. Knowing whether or not you have a warrant can be the difference between freedom and stinky jail tanks.
***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.