Delaware Warrant Search

A warrant search allows members of the public to access warrant information of persons involved in criminal activity or those who disobey a court order. People conduct warrant searches for various reasons. For example, landlords can retrieve warrant information of potential tenants to safeguard their properties and existing tenants. Additionally, police officers can request warrant records as evidence in an ongoing investigation.

Record seekers can use the Delaware Criminal Justice Information System (DELJIS) to conduct a statewide warrant search. Individuals can also retrieve warrant information at their local courthouse, city police department, or sheriff's office. Alternatively, third-party online databases can be used for warrant searches.

What is a Warrant?

The Delaware Court of Common Pleas defines a warrant as a court order authorizing law enforcement officers to arrest or conduct a search. The warrant applicant must submit an affidavit establishing probable cause by providing details of the facts upon which the application is based. Different types of warrants exist in Delaware, encompassing arrest, search, bench, tax, and capias warrants.

Are Warrants Public Records in Delaware?

Yes. The Delaware Public Records Law authorizes all law enforcement agencies to provide reasonable access to and examination of all public records, including warrant records in their custody. However, the Delaware Superior Court Administrative Directive deems the following warrant records confidential:

• Juvenile warrant records
• Unreturned search and arrest warrants
• Records of proceedings and affidavits or sworn testimony supporting the issuance of a warrant are confidential until the warrant is returned. This excludes warrants related to grand jury indictments.

How Do I Look Up Warrants in Delaware?

One of the best ways of looking up warrants in Delaware is through third-party websites. This is because third-party sites provide access to country-wide warrant information, unlike government websites which are limited to counties or states.

Third-party sites provide name-based warrant searches for free at the initial stage. However, a fee would be required for comprehensive warrant reports. These fees costs between $2 and $5, and a monthly subscription is available for frequent users.

What is a Search Warrant in Delaware?

A search warrant is a written order issued by a judge directing a law enforcement officer to search a designated area for a particular piece of evidence. According to 11 Del. Laws § 2306, a search warrant application or complaint must be in writing, should carry the complainant’s signature, and be verified by oath or affirmation. It should state the person, place, house, or conveyance to be searched, information about the owner, and the offense committed to necessitate the search. The judge, justice of the peace, or other magistrate will issue a search warrant if the facts stated in the complaint constitute probable cause for the search (11 Del. Laws § 2307).

• Are Search Warrants Public Records in Delaware

Yes, search warrants are generally considered public records in Delaware. However, unreturned search warrants are confidential. Also, search warrant applications and complaints are open to the public once the warrant is returned.

• How Long Does it Take to Get a Search Warrant in Delaware?

The Delaware government does not provide a specific timeframe for search warrant issuance. However, complainants can get search warrants within hours, depending on the urgency of the search and accuracy of the information provided in the warrant application or complaint.

• How Long Does a Search Warrant Last

According to 11 Del. Laws §2310, a search warrant must be executed and returned to the issuing authority within ten (10) days of its issuance. Failure to execute and return the warrant within this timeframe may render it void unless the issuing authority grants an extension.

What is a Bench Warrant in Delaware?

The Delaware Court of Common Pleas defines a bench warrant as an order issued by a judge to arrest a person. A bench warrant is issued when a person fails to appear for a court proceeding or obey a court order.

What is an Arrest Warrant in Delaware?

Per Del. Crim. R. C.P. 4, a judge will issue an arrest warrant if it appears from a complaint or an affidavit(s) supporting the complaint that there is probable cause to believe that a person has committed an offense. Any officer can execute arrest warrants at any place within Delaware.

How to Check if You Have a Warrant in Delaware

The most common way to check warrant records in Delaware is in person at the city police department where the warrant was executed or the court where the warrant was issued. Alternatively, requesters can obtain their criminal history records from the Delaware State Police Bureau of Identification. Typically, a criminal hisorty record will reveal information on warrants issued in the name of the requester. A criminal history record can only be obtained through fingerprints in Delaware. Requesters must visit any of the county fingerprint center with a photo identification like a driver's license, school or state ID.

Can You Check Warrants Online in Delaware?

Yes. The Delaware State Police (DSP) provides a Delaware Criminal Justice Information System Online Wanted Person Review where individuals can check if there is an active warrant for their arrest. To condut a seacrch, enter a last name in the search box, the first name is optional. Then, check the reCAPTCHA button and click the search button. The search will return a list of warrant information of individuals bearing the searched name. Click the Select link in front of any name to get a comprehensive warrant information.

How To Find Out If You Have a Warrant for Free

There are several ways of finding out if a person has a warrant without charges in Delaware. For example, requesters can:

• Contact the law enforcement agency that executed the warrant
• Contact the court where the warrant was issued
• Use the Delaware Criminal Justice Information System to conduct a warrant search

How to Find Out if Someone Has a Warrant Online For Free in Delaware

Individuals can use the Delaware Criminal Justice Information System Online Wanted Person Review to find out if a person has a warrant online for free. The search criteria is by name. Requesters should be able to view the subject’s full name, sex, race, date of birth, warrant number, DUC number, court and comments.

How Long Does a Warrant Stay Active in Delaware?

Typically, most warrants in Delaware do not have expiry dates. This is common with arrest and bench warrants. They only expire when the defendant is arrested or dies. However, search warrants remain active for just 10 days. They become void when the time elapses.

How Do I Find Out If I Have a Federal Warrant?

Individuals can find out if they have a federal warrant by viewing the Fugitive Lists provided by the United States Marshal Service (USMS) and the Federal Bureau of Investigation (FBI). The USMS also has a Warrant Information System (WIN) open to authorized users to track the status of fugitives with federal warrants.