How toConduct a Georgia Warrant Search
What is a warrant? A warrant is a document that contains the justification or a valid reason to make an arrest, conduct a search of one’s properties, or seize someone’s belongings. A legal warrant issued by a neutral judge empowers a law enforcement officer to arrest, search, or seize.
As per the guidelines laid down by the Fourth Amendment to the U.S. Constitution, in Georgia, warrants can be issued only on the basis of a probable cause.
Types of Georgia Warrants
An arrest warrant issued by the Georgia court is an order to detain a person and is carried out by a police officer. A Georgia search warrant is issued when the court has a reasonable belief that a crime has been committed at a particular location. This warrant gives a police officer the right to search the premises named in the warrant. A Georgia court may issue an eviction warrant against a person who has not paid his/her rent or mortgage for a certain length of time.
There are some other types of Georgia warrants like an alias warrant, which is issued against a person who fails to appear in the court after s/he has been allowed a plea bargain. The court can arrest this person with the alias warrant. A felony warrant is issued against someone suspected of having committed an act of felony and is considered valid till the person has been arrested.
Georgia Warrant Laws
Georgia warrant laws adhere to the guidelines laid down by the Fourth Amendment to the U.S. Constitution. A Georgia warrant is considered valid only if it has been issued by a neutral judge on the basis of a probable cause. Probable cause is a reasonable belief that a crime is being committed in some location and an individual is involved in it. This belief must be supported by tangible evidence. When a person has to be arrested or a location needs to be searched, a Georgia judge writes and signs a “warrant,” which then has to be executed by a police officer.
A warrant becomes invalid if it is proved that it was issued on the basis of doubtful or false evidence. A warrant is also declared null and void if it had been acquired on the basis of false or misleading statements made to the judge.
Exceptions to Georgia Warrant Requirements
There are however, some exceptions to Georgia warrant requirements. A law enforcement officer may carry out a warrant-less arrest or search if there is a probable cause for the act and any delay in acquiring a warrant might present risk to human life or give a chance to the offender to escape.
There are certain other instances where the police officer is justified in carrying out warrant-less arrests, searches, or seizures: a person may waive his/her Fourth Amendment rights and agree to a warrant-less arrest, search of his property, or seizure of his belongings.
In case of arrest warrants, the state of Georgia, after the rules of the Fourth Amendment, legalizes all warrant-less arrests for cases of misdemeanors that occurred when a police officer was present.
Why Do You Need a Georgia Warrant Search?
You may need to search for Georgia warrants for any number of these reasons: to verify if any search or arrest warrant has been issued against you, to conduct a criminal background check of someone like your new employee, the new babysitter or the chauffeur who will have the right to gain access to your family member or your property, or your new tenant. Before allowing unknown people or casual acquaintances to enter your life, it is a good idea to check if ever warrants had been issued against them and for how serious an offense.
How to Conduct a Georgia Warrant Search
Conducting a Georgia warrant search is easy; as per the guidelines of the Freedom of Information Act, most warrant records are accessible to the public. However, like other U.S. states, Georgia too does not make public warrant records involving juveniles or records that have been sealed by the court. Warrant records that are deemed confidential by the court or those that have expunged are also not available for public viewing.
The Central Records System maintained, supervised, and regularly updated by the Federal Bureau of Investigation (FBI) is an extensive database of warrant records and you may search for a Georgia warrant record here. The database is housed here: http://foia.fbi.gov/foiaindex/foiaindex.htm. You may also look up Georgia warrant records at FBI’s Reading Room located at FBIHQ, 935 Pennsylvania Avenue, NW, Washington DC between 8:30 a.m. and 2:30 p.m. You will have to reserve a time 48 hours beforehand by calling (202) 324-4682.
You may also mail a request to view a Georgia warrant record or search for one, to FBI, Record/Information Dissemination Section, 170 Marcel Drive, Winchester, VA 22602-4843.
Know how to find a Georgia warrant to help you check the background of a dubious individual.
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