Michigan Warrant Search

A Michigan warrant search allows individuals to determine whether active warrants have been issued in their name within the "Great Lakes state". Although the outcome of a warrant search often varies depending on the type of warrant, most warrants typically include:

• The warrantee's first name (or alias)
• The alleged offense
• The warrant's issuance date
• The warrant jurisdiction
• The name of the Michigan judge or district court magistrate who issued the warrant
• The corresponding court case number. 

Interested persons may conduct a warrant search in Michigan by contacting local law enforcement agencies such as the Detroit Police Department, the Grand Rapids Police Department, or the Wayne County Sheriff’s Office. Warrant information may also be accessible through official government channels, such as those provided by local courts. Alternatively, a Michigan Warrant search may be performed through third-party aggregate websites. 

Note: Criminal history background checks conducted through the Michigan State Police may not include warrant information.

Are Warrants Public Records in Michigan?

Yes. Under the Michigan Freedom of Information Act (FIOA) (MCL 15.231), warrants are generally public records. Per the Act, public agencies must reveal certain records they generate to all persons, except incarcerated individuals.

However, Michigan statutes, such as MCL 12.243 and other applicable statutes, outline several exemptions to the FOIA that may restrict the disclosure of warrants. For instance, if disclosing information about a warrant might impede law enforcement proceedings, public agencies may choose to withhold it. Additionally, per MCL 780.651 (9), a search warrant affidavit remains confidential for 56 days after the warrant's issuance. 

Types of Warrants in Michigan

A Michigan warrant is a court order authorizing a law enforcement officer to conduct a specific task in conjunction with official judicial proceedings or law enforcement investigations in Michigan. They are primarily issued to protect the executors (usually only peace and law enforcement officers) against civil or criminal liability.

Generally, Michigan judges and district court magistrates issue several types of warrants. However, the most common options include search warrants, which legally permits law enforcement officials to search a location; arrest warrants, which authorizes law enforcement officials to find and detain the individual specified on the warrant who is believed to have committed a crime; and bench warrants which are issued when an individual fails to appear in court or violates a court order. However, other options exist, such as probation violation warrants, which are issued when a probation agent reasonably believes there has been a probation violation. 

What is a Search Warrant in Michigan?

A Michigan search warrant is a court order that permits the search of a house, building, or other location where the warrant's subject is situated. Under the Michigan Search Warrants Act 189 of 1966, a person, property, or thing may be the subject of a warrant. The Act also authorizes the seizure of the warrant's subject once discovered. 

Obtaining a Search Warrant

To obtain a search warrant in Michigan, applicants must submit a search warrant affidavit before a Michigan judge or district court magistrate for review and approval. The affidavit must contain "probable cause" per the Fourth Amendment of the U.S. Constitution and MCL 780.653. These laws protect people from unreasonable searches and seizures by requiring prerequisite processes during warrant requests that ensure search warrants are only issued for justifiable reasons. Probable cause indicates that there is reasonable suspicion to necessitate a search. 

Affidavits must also indicate the search scope, or "the grounds for issuance," which describes the person, place, or thing to be searched for and seized. A search warrant may only be issued for persons, property, or other things with qualifying characteristics outlined in the MCL 780.652, which includes:

• Embezzled or stolen properties;
• Anything designed to be used or has been used to commit a crime;
• Evidence of a crime;
• Contraband;
• The body of a person or animal who may have been a victim of a crime.
• The subject of a bench warrant in a criminal case or an arrest warrant due to a criminal charge. 

Michigan law enforcement agencies typically have to knock and announce their presence when executing a search warrant. However, MCL 780.656 permits officers to break any outer or inner window or door of a building or structure when refused entry or when necessary in executing a search warrant. 

Michigan statutes (MCL 780.655) also require that an officer create a complete and accurate tabulation of all property or other things seized while executing a search warrant. Additionally, officers have to leave copies of the warrant and tabulation with the owner of the seized item, the owner of the premises where the item was seized, or leave them on the property. The officer must also file the tabulation with the judge or district court magistrate, and by court order, the tabulation may be suppressed until the case's final disposition. The officer would hold the seized items until they were required to be produced and used as evidence in any trial. 

How Long Does It Take to Get a Search Warrant?

Michigan state statutes do not specify a timeframe for issuing a search warrant. Generally, the time it takes for an officer to get a search warrant in Michigan depends on how long it takes to persuade a judge or district court magistrate that there is probable cause for the search. This may take a couple of minutes, hours, or days. A Michigan judge or district court magistrate may issue a search warrant under MCL 780.651, provided that the filed affidavit demonstrates the basis for the warrant's issuance and that they are convinced there is probable cause for the search. 

What is an Arrest Warrant in Michigan?

A Michigan arrest warrant is a court order that authorizes law enforcement agencies in Michigan to apprehend and detain an individual due to a crime they are suspected of committing. Under Michigan state laws ( MCL 764.1), a Michigan judge or district court magistrate may issue an arrest warrant when a law enforcement agency or prosecutor files a criminal complaint alleging that an individual committed a crime. Provided there is reasonable cause to believe that the accused individual in the complaint committed the crime.

Depending on the crime, “reasonable cause" may be based on any of the following:

• The complainant's affidavit or sworn testimony;
• factual allegations contained within the complaint;
• Supplementary sworn testimony or affidavits of other individuals, which the complainant provided in their complaint. 

After an arrest warrant has been issued, law enforcement officers have the authority to arrest the warrant's subject on sight anywhere in Michigan. 

Arrest Warrant Lookup in Michigan

Arrest warrants are generally issued through the court system in Michigan by judges or district court magistrates. As a result, information about warrants is typically maintained as court documents. Hence, inquirers may contact the court's clerk in the area (county or municipality) where they suspect the warrant exists to look up an arrest warrant in Michigan. The contact information of most local Michigan courts is accessible through the Michigan courts trial court directory. 

Alternatively, record seekers may browse public court case records online through the Michigan MIcourt case search portal to find information about arrest warrants issued in different court cases. To search the MIcourt case search portal, the subject's name or a court case number must be supplied. Although inquiries about active arrest warrants may be made in person at local Michigan court courthouses, it is generally ill-advised because it may result in an immediate arrest if a warrant is discovered. 

Besides government channels, record seekers may also look up arrest warrants in Michigan through certain third-party aggregate websites. Users are typically charged a fee or a subscription to use services provided by such websites. 

How to Find Out If You Have a Warrant in Michigan

Generally, interested persons may find out if there are any active warrants against them by querying local Michigan courts.

Interested persons may direct warrant queries to the court clerk's office in the county or municipality where they believe a warrant was issued. Some courts provide an online search portal that inquirers may use to search for court case records they maintain. These records often reveal if any warrant has been issued in relevant court cases. An excellent example of such an online search portal is the Odyssey Public Access (OPA) provided by the Third Judicial Circuit of Michigan. However, the OPA only offers case files from courts within Michigan's third judicial circuit.

Inquirers may also search for court records through the MICourt case search portal. This portal differs from other standalone online search portals offered by local courts in that it is not restricted to any particular Michigan court(s). Essentially, the MICourt case search portal provides court case records from different Michigan courts.

Local Michigan courts typically notify law enforcement agencies, such as county sheriff's offices and local police departments, about active warrants since these agencies typically execute warrants. Thus, inquirers may also direct active warrant queries to these agencies. However, they do not always release this information to the public. 

Free Warrant Search in Michigan

Record seekers may conduct free warrant searches in Michigan through the MIcourt case search portal. Record seekers may also be able to perform a free warrant search by contacting the court clerk's office of the area where they suspect a warrant may exist by phone. Regardless, the full name of the warrant's subject or the case number related to the warrant is typically required to facilitate warrant searches in Michigan.

How Long Can Police Hold My Phone Without a Warrant in Michigan?

In Michigan, law enforcement officers are required to obtain a search warrant to search information on a cell phone. This is in line with the requirements of the State’s Police Legal Update No. 159 and the Fourth Amendment. Nevertheless, police officers may perform a warrantless cell phone search in peculiar situations like:

• Exigent circumstances involving threats to public safety or an investigation.
• Situations where the defendant consents to a cell phone search.

Michigan police officers are required to provide probable cause before judicial officers can issue warrants. However, an issued warrant may be deemed illegal if it doesn't specify the required information and timeframe of the search. This specific timeframe controls long-term retention and searches, while there's no deadline for phone seizures incident to arrests. However, your lawyer can file for its release on the grounds of unconstitutional retention.

How to Find Out If Someone Has A Warrant Online

In Michigan, interested persons may find out if a warrant has been issued against someone online by conducting court case searches through the MIcourt case search portal. The portal is free to use and contains court records from different local Michigan courts. It may be used to search for and view public court documents and case information for free, including warrant information in relevant cases. To search the portal, users must first select the court they suspect issued the warrant and supply the subject's name or case number as search criteria.

Alternatively, interested persons may utilize warrant search services provided by certain third-party aggregate websites. These are usually pay-to-use services that charge users a fee or subscription to conduct warrant searches. The main benefit of using third-party services over government channels is the broad scope of searches and the availability of results from different Michigan courts. The search criteria typically required by most third-party aggregate websites are the subject's full name. 

How Long Do Warrants Last in Michigan?

Under Michigan state statutes, warrants are not subject to a statute of limitations. Thus, Michigan warrants never expire until a judge cancels them and may last a lifetime. Offenders are advised to resolve warrants as soon as they are discovered by turning themselves in to the authorities after consulting with an attorney. Depending on the case and the nature of the evidence against them, they may also attempt to file a request to set aside the warrant.