California Warrant Search

Warrants are legal documents that permit law enforcement officers to perform actions that would otherwise be illegal or violate a person's rights, such as searching a residence or arresting a person. A California judge or magistrate may issue a warrant when a person fails to appear or heed a court order. A warrant may also be released when probable cause exists that someone committed a criminal offense. 

A California warrant search retrieves information about active or outstanding warrants within the state. It often reveals: 

• The subject of the warrant (including their date of birth/age and physical description)
• The date the warrant was issued
• The degree of the offense (felony or misdemeanor)
• Primary/lead charge
• Bail amount (if any has been set)
• Court of issue and/or warrant number
• If a court appearance is mandatory. 

Generally, almost anyone may perform a warrant inquiry in California through official sources like a local sheriff's office or the Superior Court of California. Alternatively, record seekers may opt to request criminal history information from the Office of the Attorney General under the Department of Justice.

Office of the Attorney General,
1300 "I" Street,
Sacramento, CA 95814-2919,
Phone: (916) 445-9555

Office of the Attorney General,
P.O. Box 944255,
Sacramento, CA
94244-2550

Office of the Attorney General,
300 South Spring Street,
Los Angeles, CA 90013-1230,
Phone: (213) 269-6000

Office of the Attorney General,
600 West Broadway Street, Suite 1800,
San Diego, CA 92101-3702,
Phone: (619) 738-9000

Office of the Attorney General,
P.O. Box 85266-5299.
San Diego, CA 92186-5266

Alternatively, searchers may utilize an independent or third-party service.

Are Warrants Public Records in California

Yes, warrants are generally considered open to the public under the California Public Records Act (CPRA). As a result, members of the public may obtain a great deal of information about warrants issued in the state. However, some information (like Social Security numbers) is typically exempt from public disclosure.

For example, under Cal. Pen. Code § 1534, search warrants are confidential from the time they are issued until their execution, and executed search warrants are only disclosed publicly if not sealed. Case in point: In Sacramento County, executed search warrants that qualify as public records may be viewed or copied in the county superior court's Criminal Records lobby, Room 101.

Types of Warrants in California

Courts in California issue different types of warrants, each serving a specific judicial or administrative purpose. A popular example is arrest warrants, which are written orders signed by a judge or magistrate that direct a peace officer to arrest the named subject for a listed offense or crime (Cal. Pen. Code. § 813 - 829). However, other options may include search, bench, and recall warrants. 

What is a Search Warrant in California?

A search warrant is a written order signed by a California magistrate that allows the police to search personal property, persons, or things for criminal evidence. The document also authorizes peace officers to seize evidence found at such locations and bring it before the court. (Cal. Pen. Code § 1523) 

As a general rule, the U.S. Fourth Amendment protects people from unreasonable searches and seizures. This means a search warrant cannot be issued in California without probable cause (a reasonable ground for assuming a search and seizure is well-founded). 

Probable cause must be supported by an affidavit naming or describing the person to be searched or searched for and the specific property, thing(s), or place to be searched. Cal. Pen. Code § 1524 lists grounds upon which a search warrant may be issued in California, including: 

• When property or things were used to commit a felony
• When a warrant already exists to arrest a person
• When property was stolen or embezzled
• When property or things to be seized include a firearm or other deadly weapon owned or possessed by a person described in Section 8102 (a) of the Welfare and Institutions Code. For example, a person detained or apprehended for examination of their mental condition
• When property or things to be confiscated are controlled substances or devices used to administer or use a controlled substance unlawfully
• When property or things to be confiscated show child pornography

The applicant of a search warrant is typically the peace officer to whom the warrant will be issued. The officer must submit a written and signed affidavit or application to a jurisdictional court that presents probable cause for the search. An oral statement is also allowed in specific instances. 

Additionally, if the place to be searched is owned or in the possession of an attorney, psychotherapist, clergy member, or physician, the application or affiant must also state this. If the judge or magistrate finds sufficient grounds, the warrant is typically signed and issued.

Generally, search warrants in California are executed between 7.00 a.m. and 10:00 p.m. If the applicant can show reasonable cause ("good reason"), a judge may permit the search to occur at any time of the day or night. 

However, a California search warrant must be executed and returned to the court within 10 days from the issue date (Cal Pen. Code § 1534). If not executed, a search warrant becomes legally void and confidential upon the expiry of the 10-day deadline.

How Long Does It Take to Get a Search Warrant?

The time to obtain a search warrant varies on a case by case basis. According to Cal. Pen. Code § 1528, a California magistrate or judge may only sign and issue a search warrant after certifying the existence of the grounds on the application, or the existence of probable cause. The law does not specify a time frame for such examination or verification. The timeline depends on how speedily the requesting peace officer may convince the magistrate/judge that the search and seizure is warranted. As such, the waiting limit for a search warrant may be some minutes or a few hours.

What is an Arrest Warrant in California?

A California arrest warrant is a writ that authorizes a law enforcement officer to bring a person to court to answer for a criminal charge. Warrants aren't always issued for every application. To obtain an arrest warrant in California, the requester, such as an officer of the Fresno Police Department, must establish probable cause to a judge or magistrate. 

Generally, judges in California issue arrest warrants when a peace officer or District Attorney provides evidence or a grand jury indicts a person. Cal. Pen Code § 815 requires all arrest warrants issued in California to carry the following details: 

• The name of the city/county where the warrant was obtained
• The signature and office of the authorizing party (e.g., justice, magistrate, judge or other issuing authority?
• Name of the defendant
• Issue date and time
• The city or county where the warrant was obtained
• The magistrate, judge, justice, or other issuing authority's title of office and signature
• The court or other issuing agency's name
• Charges being leveled against the defendant
• Bail amount

After an arrest warrant is issued, the named party may either:

• Surrender to law enforcement or the court immediately
• Or post bail on the warrant (if an option) 

If none of this is met, the warrant continues to exist until the subject is captured, the court recalls the warrant, or the subject dies.

Note: Warrants may sometimes not be required for an arrest. Under California Statutes (Pen. Code § 836), peace officers may make warrantless arrests if they have probable cause to believe that a public offense occurred in their presence or a person has committed a felony.)

Arrest Warrant Lookup in California

The California government does not maintain a central database that the public may query to find arrest warrants within state borders. Since arrest warrants are issued regionally, local bodies like the courts and police departments maintain associated records and release access to them per the state's open record policies. 

Below are methods for looking up active or pending arrest warrants in California: 

• Search a local sheriff or police department's online arrest warrant database. Usually, these platforms may be queried by name. For example, the San Diego County Sheriff's Department maintains a warrant search system that may be queried by a person's last, first, or middle name. Meanwhile, the Napa County Sheriff's Office provides an Online Warrant Search system that requires a person's last and first name to retrieve active arrest warrants.
• Search a local superior court's case information website. For example, the Superior Court of California, County of Santa Clara, has a Traffic Case Info portal where individuals can look up a case to determine whether an arrest warrant and its issue date were issued. 
• Access a private aggregate website that provides an arrest warrant search service.

How Long May Police Hold My Phone Without a Warrant in California?

Under California state laws, law enforcement officers aren't generally permitted to search or hold a person's phone without a warrant that explicitly allows them to do so. The US Fourth Amendment protects citizens from unlawful searches and seizures. This means police officers must get your consent before holding or searching your phone if they don't have a warrant.

However, there are some exigent instances where this may occur. For example, under the California Penal Code § 1546, law enforcement police may hold a phone without a warrant in cases where it is determined that there might be:

• An immediate threat to the police officer
• An immediate threat to public safety

Law enforcement officers working for local agencies such as the Los Angeles Police Department or the San Diego County Sheriff's Office may also take a citizen's phone if they suspect evidence is about to be destroyed. The type of seizure varies. For instance, although the police may temporarily seize a subject's phone during the booking process, they do not have the right to access it. This type of seizure differs from extended retentions, where the phone will be used as evidence. A warrant is required to use a phone as part of evidence. However, affected persons may be able to prevent this by filing a motion to suppress (Penal Code 1538.5) 

How to Find Out If You Have a Warrant in California

In addition to searching online, California residents have two places where they may find out if they have an active warrant in California: the issuing court or the local sheriff's office. Some local sheriff's offices in California provide an online warrant search system for public inquiries. However, some sheriff's offices do not disseminate warrant information online, and others (like the Kent County Sheriff's Office) do not accept calls for active warrants. In such instances, a requester may visit the agency's front counter or lobby during regular business hours or use other means (e.g., email) to inquire about their warrant status. 

Note: When making in-person inquiries at a law enforcement agency's office, the subject of a warrant may be asked to produce a copy of their photo ID. However, because an in-person inquiry can result in an arrest, it may sometimes be advisable to consult an attorney beforehand.

Finally, to look up statewide warrant information, a person may request their personal criminal history information from the State Department of Justice (DOJ) for $25. The DOJ requires a person's fingerprints to process a request. The California DOJ may be emailed at recordreview@doj.ca.gov for criminal history record inquiries.

Free Warrant Search in California

California residents and other interested parties may call, visit, or search an online database provided by a court or law enforcement department to verify the existence of a warrant. One piece of information often required to facilitate the search is the subject's name or a case number. Typically, no fee is assessed to obtain warrant information through official sources in California. 

How to Find Out If Someone Has A Warrant Online

Most local courts and sheriff's offices in California provide online search applications for persons who want to look up warrant information. Typically, these tools are featured on an agency's official website and accessible with a person's last or first name at no cost. However, users may utilize other search parameters if available, such as a birth year or court case number.

A California warrant search may also be conducted via an independent or third-party website. However, a fee may be assessed to obtain detailed information from third-party providers. This fee varies by website, but the advantage of a third-party site is that a user's search often covers various counties and cities, including those outside of California. Like official government websites, a person typically requires a full name to perform an inquiry via an independent service provider.

How Long Do Warrants Last in California?

Generally, warrants do not expire in California to prevent people from evading the legal system. Except for search warrants that become void after 10 days (and which a judge may reissue), all other warrants disseminated by a court of law remain active until resolved or the subject's death. Resolution of a warrant may occur by a person's arrest and subsequent appearance in court, payment of a fine, or the court may quash or recall the warrant if probable cause no longer exists.