Florida Warrants: Types, Searches, and What to Expect
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Table of Contents
A warrant is an official written order that is given by a judge or magistrate which directs law enforcement to arrest someone, or to search property, or to require a person to appear in court. Warrants protect against unlawful actions of the police and require that there be prior judicial approval before any action is taken. Although the basic procedure is the same throughout the United States, each state has its own procedure and its own method of access to warrants.
What Is a Warrant in Florida?
In Florida, a warrant is a judicial order issued on probable cause. It ensures that any intrusion on personal liberty or property is lawful. Warrants may authorize:
- The arrest of a person suspected of committing a crime.
- The search and seizure of a property tied to criminal activity.
- A court appearance when someone fails to comply with prior orders.
Warrants are issued by judges and magistrates within Florida’s Circuit Courts, County Courts, and in some cases, Municipal Courts. All warrants are subject to the constitutional requirements of probable cause.
Types of Warrants in Florida
Florida recognizes several types of warrants, each suited to different circumstances:
1. Arrest Warrants
A warrant is issued when there is probable cause presented by law enforcement or the state attorney, allowing law enforcement to take the subject named into custody. The warrant provides specifics of identification, charge and which court issued the warrant.
2. Bench Warrants
A bench warrant is issued when a person does not appear in court, disobeys an order of the court or violates probation. This allows law enforcement to arrest the person and bring him/she before court.
3. Search Warrants
Search warrants are issued, allowing law enforcement to enter a location and seize evidence related to the commission of a crime. Florida law requires that these warrants specifically describe the premises to be searched and property to be seized. Search warrants are generally to be served in ten (10) days.
4. Civil Warrants
Civil warrants grow out of non-criminal matters, such as evictions, small claims or debt collection matters. Although civil warrants are not criminal in nature, they may lead to garnishments or liens or other remedies ordered by the court.
5. Fugitive or Out-of-State Warrants
If someone wanted in another state is found in Florida, a fugitive warrant authorizes their detention pending an extradition treaty. Florida also issues warrants to request the return of a fugitive from other states as required. This process is governed by the Uniform Criminal Extradition Act (UCEA).
How to Search for Warrants in Florida
Florida does not maintain a statewide public database of active warrants. Instead, access to warrant-related information depends on the county and jurisdiction. The public may retrieve warrant information through:
- Florida Department of Law Enforcement (FDLE)—The FDLE provides access to statewide criminal history records. These may include warrant-related information. Although, interested persons are required to undergo fingerprint submission and pay the statutory fee.
- County Sheriff’s Offices—Many sheriff’s offices, such as those in Miami-Dade, Broward, and Hillsborough, maintain online warrant search tools. On the other hand, small counties may require in-person or phone inquiries.
- Clerk of Court Websites—All 67 county clerks in Florida provide online access to case records through the Florida Courts E-Filing Portal or individual county websites. A case search often reveals warrant information tied to pending matters. A docket may show the bench warrants issued if someone fails to appear in court.
- Municipal Police Departments—City Police such as the Orlando Police Department and Tampa Police Department play vital roles. They assist in verifying and retrieving misdemeanor or ordinance-related warrants.
- Third-Party Search Tools—Many commercial background check websites aggregate statewide information on warrants. Alternatively, the public may rely on official sources such as the court of jurisdiction or sheriff’s department to obtain certified records.
The typical information available in a warrant search includes the subject’s name, case number, charges, type of warrant, bail amount, and issuing court.
Warrant Records in Major Florida Cities
Due to Florida’s county-based system, procedures vary by jurisdiction. The following highlights how large metro areas handle warrants in Florida:
- Miami (Miami-Dade County)—The Miami-Dade Clerk of Courts provides online case searches, and the county sheriff maintains a warrant inquiry system. Residents may also visit the appropriate office to request information in person.
- Orlando (Orange County)—The Orange County Clerk of Courts provides electronic access to case records. In addition, the Orange County Sheriff’s Office handles warrant inquiries. On online portals, the public may view case status, but these platforms may not list active warrants directly.
- Tampa (Hillsborough County)—The Hillsborough County Sheriff’s Office offers an online warrant inquiry tool that lists active warrants by name. The system is often updated at regular intervals to include bond information.
Other populous counties, such as Broward (Fort Lauderdale) and Palm Beach (West Palm Beach), provide similar warrant lookup systems through their sheriff offices and court websites.
What Happens After a Warrant Is Issued in Florida?
When a warrant is issued, the consequences depend on the type of warrant:
- Arrest Warrants—Police may arrest the individual at any time. After booking, the defendant appears before a judge for arraignment, and bail may be set.
- Bench Warrants—Failure to appear or comply with court orders may lead to an immediate arrest, fines, or jail time.
- Search Warrants—Police Officers are required to execute searches within the time frame specified. In criminal proceedings, items or evidence seized are presented during an investigation to support a case.
- Civil Warrants—These usually compel court appearances. A non-compliance may lead to default judgments, wage garnishments, or liens.
Clearing a warrant in Florida typically involves:
- Appearing in court without coercion.
- Hiring an attorney to negotiate surrender plans or bail terms.
- Making payments for overdue fines or resolving civil obligations.
Failure to address a warrant may lead to traffic stops or even while traveling through airports and during criminal background checks.
How Long Does a Warrant Stay Active in Florida?
In Florida, most warrants remain active for an extended period of time:
- Arrest and bench warrants do not expire until the subject is arrested or the court recalls the order.
- Search warrants expire quickly, usually within 10 days of issuance. They may be reissued if not executed in that window.
- Civil warrants stay active until the matter is resolved or dismissed.
A warrant can be dealt with in several ways. If they are invalid, they can be quashed or recalled by complying with court orders. They can be cleaned in other ways, as once executed or judged in Courts.
In essence, arrest and bench warrants are valid for all time. That is, the old warrants in Florida may, in fact, lead to an arrest, after some years.
In Florida, warrants are an essential component of the system of justice, protected by court approval. From arrest warrants to bench warrants to search warrants, each has its own considerable legal consequences.
Residents of Florida can search for warrants through County Sheriff’s Offices, Clerk of Court portals, and the FDLE; however, the level of detail available varies according to jurisdiction. In general, warrants in Florida are evergreen and resolved through court resolution.
When an active warrant arises, the next step is to contact an attorney or the issuing court to resolve the warrant to avoid unexpected arrests or escalating penalties.