North Dakota Warrant Search

A warrant is a court order that authorizes a peace officer to conduct a specific action related to the administration of justice that would otherwise be illegal without the authority provided by the warrant. These actions include searching a particular place or arresting an individual. In North Dakota, warrants are issued by a magistrate or a judge through the court system. Warrants can be issued for different reasons, such as disobeying a court or when there is probable cause to believe a criminal offense has been committed.

A North Dakota warrant search is a process that allows interested persons to find information about active warrants issued in the state. A warrant search revives different information about an active warrant, such as the warrant subject’s details (i.e., name, last known address, date of birth), warrant number, charges/reasons for the warrant, bond condition, the warrant’s issuance date, and issuing court.

A North Dakota warrant search can be conducted through local criminal justice agencies, such as County Sheriff's Offices and Municipal Police Departments, and the District courts of North Dakota. An individual’s ND Criminal History Records can also revive warrants issued against them.

Are Warrants Public Records in North Dakota?

Yes. Under North Dakota’s sunshine laws “North Dakota Century Code (NDCC) Chapter 44-04”, records of all public entities are presumably public. This includes warrants. As a result, anyone or entity can obtain information about warrants issued in North Dakota regardless of where they reside.

Nonetheless, warrants connected to an ongoing investigation may be withheld from being publicly disclosed in certain situations. This includes warrants related to NDCC section 44-04-18.7.

Types of Warrants in North Dakota

In North Dakota, various types of warrants can be issued through the court system; each type has its unique prerequisite for issuance and serves specific purposes. Among the different types of warrants issued in the state, some of the most prominent include:

• Arrest warrants: An arrest warrant is a court order issued by a judge or magistrate that authorizes a peace officer to arrest, detain, and bring an individual to court for an alleged offense.
• Search warrants: A search warrant is a written order signed by a magistrate authorizing a peace officer to search a specific location for a property or a person.
• Bench warrants: According to North Dakota Rules of Court (NDRC) Rule 6.6, a beach warrant, also known as an alias warrant, is a court order issued by a court clerk at the direction of a judge. The order directs all peace officers in the state to, immediately or at a specified time and place, arrest and bring an individual before the court. A bench is typically issued against an individual when they fail to or refuse to obey a court order, such as missing a court appearance on a scheduled court date, ignoring a subpoena, or other processes.

What is a Search Warrant in North Dakota?

North Dakota Rules of Criminal Procedure (NDRCP) Rule 41 defines a search warrant as a written order a magistrate signs and directs to a peace officer. The search warrant commands the receiving officer to search a specific location (i.e. a place or an individual) for property, evidence, or a person, to seize and bring them before the magistrate.

According to Rule 41(a)(2), only a federal or state magistrate acting within the territorial jurisdiction where the sought-after property, evidence, or a person is located can issue a search warrant in North Dakota. Generally, search warrants are issued at the request of a law enforcement official, such as a peace officer. To request a search warrant, the requester must provide a warrant affidavit or sworn recorded testimony that establishes probable cause for the warrant to the magistrate. “Probable cause” simply means reasonable legal grounds that necessitate the warrant. Per Rule 41(b), a search warrant may be issued for any of the following:

• Evidence of a crime
• Contraband
• Profits got from a crime
• Items designed to be used in, or have been used as a means of committing a crime.
• A wanted person or a person being unlawfully restrained

If the magistrate is satisfied with the probable cause established in the provided warrant affidavit or sworn recorded testimony, they may issue a search warrant to the requester. The search warrant must specify a timeframe not exceeding ten (10) days in which the officer can conduct their search. Furthermore, it must specify the place or person to be searched.

By default in North Dakota, a search warrant must be executed within the daytime unless, for reasonable cause, the issuing authority states otherwise on the warrant.

How Long Does It Take to Get a Search Warrant?

There is no specific timeframe for how long it takes to get a search warrant outlined in North Dakota laws. Under NDRCP Rule 41, a search warrant can only be issued by a magistrate if the requesting party can establish probable cause “legal reason” for the warrant’s issuance. Hence, the timeframe for a search warrant’s issuance in North Dakota is determined by the time it takes the requesting party to persuade the issuing magistrate that there is sufficient probable cause for the warrant. This can take minutes, hours, or days.

What is an Arrest Warrant in North Dakota?

NDCC Section 29-30.3-01 defines an arrest record as a document that authorizes a peace officer to take custody of an individual. In North Dakota, a magistrate may issue an arrest warrant if probable cause can be established that a suspect has committed an offense.

To obtain an arrest warrant, a peace officer must submit a complaint or affidavit wherein they establish probable cause to arrest a suspect to a magistrate. If the magistrate is convinced by the probable cause detailed in the affidavit or complaint, they will issue the arrest warrant. Per NDRCP Rule 4, an arrest warrant must contain certain information to be valid. This includes:

• The issuing magistrate's signature and the title of their office
• The warrant’s issuance date and municipality or county
• The defendant’s name or a description that reasonably identifies them
• The defendant’s charged offenses
• A command to arrest and bring the defendant to the nearest magistrate

Once an arrest warrant is issued in North Dakota, any law enforcement agency in the state is authorized to arrest the warrant’s subject anywhere within the state. There are several ways an individual can resolve an arrest warrant against them. The most straightforward way is to turn oneself into the authorities. Alternatively, legal advice may be sought from a licensed attorney. The attorney may be able to contact appropriate authorities to schedule an initial appearance or file a motion to remove the arrest warrants and set the matter for a hearing. However, it is up to the judge to either accept or deny their request.

Arrest Warrant Lookup in North Dakota

There is no central database maintained by the North Dakota government that interested persons can use to look up arrest warrants issued in the state. Hence, interested persons must query or use resources provided by local public agencies, such as local courts and law enforcement agencies, responsible for issuing and executing warrants to look up arrest warrants. Some ways interested persons can look up arrest warrants through these agencies include:

• Online resources provided by County Sheriff's offices and Municipal Police Departments: Most local law enforcement agencies in North Dakota host resources on their official websites interested persons can use to find information about arrest warrants they are responsible for executing. These resources are usually in the form of a list or database searchable by an individual’s name. Some examples of these resources include Pennington County Sheriff's Office Warrant Divison’s warrant search page, Nelson County Sheriff’s Office warrants page, and Richland County Sheriff’s Office warrant list.
• Search North Dakota’s Courts Records Inquiry Database: This database contains public information about criminal, traffic, and civil cases heard in district courts and some municipal courts within the state including warrants issued in these cases. Searches can be conducted on the database by case number, defendant name, citation number, attorney details details, or a case’s filing date. A "W" sign can help inquirers identify cases where a warrant has been issued.

Alternatively, inquirers can use certain third-party websites to look up North Dakota arrest warrants. These websites usually offer their users arrest warrant lookup services for a fee or subscription.

How to Find Out If You Have a Warrant in North Dakota

Primarily, there are two government channels interested persons can use to find out if they have a warrant in North Dakota, namely courts and law enforcement agencies.

Generally, local municipal and district court magistrates and judges are responsible for issuing warrants in North Dakota. Furthermore, whenever these officials issue any type of warrant, the issuing court maintains records of the issued warrant. Provided the warrant is public, interested persons can contact the issuing court clerk's office to find public information about the warrant.

Meanwhile, law enforcement agencies are responsible for executing warrants. Whenever a warrant gets issued, the warrant information is provided to the law enforcement agency responsible for executing the warrant. In turn, the agency usually makes the warrant information public, especially for arrest warrants. As previously explained, most local law enforcement agencies provide public information about warrants they are responsible for executing on online resources hosted on their official website. An example is the McKenzie Sheriff's Office active warrant list. In cases where an online resource that can be used to look up warrants is not provided by an agency, interested persons may visit or contact the agency to find and obtain information about relevant warrants.

It is worth noting that inquirers who make in-person inquiries about warrants at local law enforcement agencies risk apprehension if a warrant requiring their arrest is discovered.

Free Warrant Search in North Dakota

Interested persons can conduct a free warrant search in North Dakota through online resources provided by local law enforcement agencies and the state’s judiciary system. These resources are usually accessible through the official websites of County Sheriff’s Offices and the North Dakota Courts. They come in the form of a list containing information about public warrants or a database searchable by specific criteria, including but not limited to an individual’s name.

How to Find Out If Someone Has A Warrant Online

As mentioned in previous sections, North Dakota Courts and most local law enforcement agencies host resources on their official websites that interested persons can use to find active warrants issued against individuals. These resources are accessible for free and are provided as searchable databases or a concise list of public information about active warrants. Where databases are provided they are usually searchable using a subject’s full name. In some cases, the ability to use other search criteria, such as a case number, citation number, or the warrant’s filing date, is provided.

Alternatively, interested persons can find warrants against individuals through certain third-party websites for a fee or subscription. These websites are usually searchable using a subject’s name. The main advantage of using these third-party websites compared to traditional government channels is their lack of geographical restrictions. As a result, searches can be conducted for warrants an individual has in different municipalities, counties, and states within the U.S. simultaneously through these third-party websites. However, the accuracy and completeness of search results are not always guaranteed.

How Long Do Warrants Last in North Dakota?

Indefinitely. Except for search warrants, which have a ten (10) day validity period following issuance, most warrants in North Dakota remain valid unless resolved.