Are Warrants Public Record in Rhode Island?
Yes, the Rhode Island legislature permits the dissemination of warrants, much like Rhode Island criminal records or court records. However, as is the case with other public records, this access is not absolute. If the warrant information pertains to an ongoing investigation or is likely to compromise the well-being and safety of a juvenile (in some cases, the wanted person), it will likely be exempt from public disclosure.
What is Considered a Warrant in Rhode Island?
In Rhode Island, a warrant is an official document issued by a judge (or magistrate) that sanctions an action by law enforcement or other persons. There are many variations of warrants that can be released in the state, but generally, they are either civil or criminal and used to fulfill the law. Some of the more popular ones are arrest warrants, bench warrants, failure to appear warrants, and search warrants.
Typically, a warrant assists the police in making legal arrests or searching a person's property to bag evidence of a crime. It can also be used to compel people to obey a court order or adhere to a court process.
A general rule to issuing and executing Rhode Island warrants is that it must be done according to the law, or else it might be considered a violation of a person's rights. One such statutory requirement is that there must be "probable cause" before the courts can release a warrant in the state. This means that whoever seeks the warrant must be able to present evidence, based on observation, facts, or circumstances, that the desired purpose (arrest, search, seizure) is lawful.
How to Find Out if You Have a Warrant in Rhode Island?
When looking for outstanding warrants in Rhode Island, residents and other interested persons can search the statewide Adult Criminal Information Database run by the state judiciary. This is one of the fastest, most reliable, and discreet ways to conduct a Rhode Island warrant search. Other than this, the interested party will have to contact a local law enforcement agency (e.g., a sheriff's office) directly, but this can often lead to a person's arrest if a warrant is discovered. The individual can also go through a criminal defense lawyer, pay a fee to a reputable public records search site to obtain this information or check Rhode Island's most wanted list.
Warrant searches using the state judiciary's repository can be conducted by entering a person's name or case number into the provided search field. Often, the searcher will find information describing the warrant's respondent (subject) and details of the charges. It is possible to see the issuing court, date, and bail amount as well.
Records of warrants issued or executed in various jurisdictions are also maintained and by third-party websites. While third-party sites make accessing these records substantially easier, the information available on the sites may vary since they are not government-run sources. To obtain warrant records from a third-party site, the requesting party may be required to provide:
- The personal information of the alleged suspect
- Information regarding the issuing officer
- The location where the warrant was issued.
How Long Does a Warrant Stay Active in Rhode Island?
In Rhode Island and other areas of the United States, warrants rarely expire. As such, opting to wait one out is not advisable in any situation.
An outstanding warrant can complicate a person's life and prevent them from accessing certain benefits, e.g., employment and immigration. Thus, a person who becomes aware of a warrant through a Rhode Island warrant search or some other means should address it immediately. Failing to do this can lead to an unexpected arrest or cause the court to pile on penalties, especially in cases where the avoidance of a warrant was willful, so much so that the subject fled the state to avoid the warrant. Also, the more one waits to resolve a warrant in some instances, the higher the chances of being imprisoned for some time.
How Long Does It Take to Get a Warrant in Rhode Island?
The length of time it takes to get a warrant in Rhode Island depends on the specifics of the case. However, it may take anywhere between a few hours to months (in particular, unique or complex cases).
How Do Search Warrants Work in Rhode Island?
A search warrant in Rhode Island is issued to allow the police to search a specific person or property to find and collect proof of a crime. Usually, this warrant is required to commence criminal prosecution, and a judge can only issue it for a legitimate reason (probable cause). Section § 12-5-2 of the Rhode Island General Laws describes these grounds:
- The property in question has been stolen, embezzled, or obtained by fraud or false pretenses.
- The property is being or has been used to violate the law.
- The possession of the property is unlawful.
- The property is evidence of the commission of a crime.
- To collect blood, hair, and other bodily fluids or samples to identify an individual who committed a crime.
- To collect blood or breath samples to detect alcohol or controlled substances.
Rhode Island search warrants are valid for 14 days. Within this time, the police will attempt to execute the warrant and return it to the court with jurisdiction over the searched area. Even if the warrant was not performed, it must still be returned to the issuing court.
How Does a Rhode Island Search Warrant Become Invalid?
Any search warrant released in Rhode Island must follow legal procedure, both in its issuance and execution. A warrant that fails to meet the imposed legal requirements is unlawful on its face and infringes on a person's rights. As such, the subject of the warrant (the defendant) can question its validity at a suppression hearing (a court proceeding held on motion by a defendant to determine if seized evidence is admissible in court).
The legal requirements for issuing and executing search warrants in the state include:
- The warrant must be issued by written application.
- A judge will only approve the application and release the search warrant upon finding probable cause.
- The warrant must specifically mention the place to be searched and the item(s) to be confiscated.
- The warrant must be lawfully executed.
Rhode Island Arrest Warrants: Rules of Procedure
A Rhode Island arrest warrant directs police officers to apprehend someone suspected of committing a crime and bring them to court without delay. Like other warrants, a judge must sign and issue this type of warrant, which cannot happen if no probable cause exists (R.I. Gen. Laws § 12-6-4). This means that a grand jury or the police officer requesting the warrant ("affiant") must have reason to believe that the soon-to-be subject of the warrant is guilty of a criminal offense.
Although arrest warrants are used to make lawful arrests, they are not required in every scenario. The law permits warrantless arrests in certain situations, including:
- When an officer witnessed the crime.
- When an individual's continuous freedom will cause injury to others or themselves or damage/loss to property
- When the officer has cause to believe that a person cannot be arrested later.
Under state laws, a person who has a warrant out for their arrest can be detained anytime and anywhere. As such, anyone who becomes aware of this warrant (either after a warrant search or when informed of the warrant by other means) should get legal help immediately in order not to jeopardize their rights.
It is also better not to resist arrest in Rhode Island, even if believing that the arrest is wrong or illegal. While Rhode Island police officers are not allowed to use unnecessary force or restraint when executing a warrant, a person can be charged with resisting arrest, whether the arrest was legal or not. This attracts a fine penalty of up to $500, a jail sentence not over a year, or both (R.I. Gen. Laws § 12-7-10).
Furthermore, choosing to wait out an arrest warrant or run from it is not advisable. It only leads to harsher penalties being imposed on the subject of the warrant. A Rhode Island arrest warrant does not expire until its purpose is satisfied, whether by a person's arrest or surrender.
Because a person will usually not learn of an arrest warrant until detained, executing warrant searches occasionally to ensure no such warrants exist may be necessary.
Rhode Island Child Support Arrest Warrants: What You Need to Know
Noncustodial parents who evade their child support obligations can have a warrant issued for their arrest in Rhode Island. A child support arrest warrant directs law enforcement officers to round up the delinquent payor and take them to court.
Usually, the court releases this type of warrant when the parent not only owes back child support but also fails to appear in court to explain themselves after being found in contempt.
Since the purpose of this warrant is to compel the payor (parent responsible for child support) to attend a court hearing, the parent may not spend time in jail unless the nonpayment was deliberate or the parent has a history of failing to pay child support. Even then, any incarceration based on willful contempt is not meant to be punitive but is ordered on a day-to-day basis to force the parent to pay the owed amount.
An obligor parent can often avoid incarceration in a Rhode Island jail (or Adult Correctional Institution) by paying a lump sum. However, there are times when a failure to pay child support can become a criminal offense. According to R.I. Gen. Laws § 11-2-1.1, a parent who owes $10,000 in back child support and willfully fails to pay three or more court-ordered installments can be accused of a felony for each failure to pay occurrence. If convicted, the parent can spend up to 5 years in prison.
This penalty also applies if the parent willfully neglects to pay child support installments for three years and still purposely fails to pay three or more installments ordered by the court after the original default.
Rhode Island Bench Warrants: Issuing and Arrests
Anyone who disregards a court order may have a bench warrant issued in their name in Rhode Island. This type of writ allows law enforcement to take the defaulting party into custody and bring them to court.
People often confuse a bench warrant with an arrest warrant. However, though the execution of these warrants is similar - both permitting the arrest of an individual - they do not serve the same judicial purpose. While an arrest warrant is issued because of criminal activity, a bench warrant is issued because someone failed to comply with a court rule or order. One such order could be that they failed to attend a criminal proceeding or hearing.
Another difference is that an arrest warrant is initiated by a police officer or grand jury. In contrast, a bench warrant does not require such a process and can be issued by a judge any time an individual disobeys the court. The more common bench warrants in Rhode Island are failures to appear and probation violations.
Failure to Appear in Rhode Island: Rules and Consequences
A Failure to Appear (FTA) is a court order directing the police to arrest an individual for missing court. With this directive, any apprehended party will be brought to the court to be dealt with per the law. However, such a person can be jailed until a court hearing is scheduled.
If the failure to appear is intentional, the court can impose fines, a jail sentence, and revoke bail. The accused party can also have their driver's license or driving privileges suspended for some time.
How Long Do You Have to Stay in Jail for a Warrant for Missing Court in Rhode Island?
For every failure to appear in a case, there is a possibility that an individual (the defendant) will be jailed if found guilty of missing court on purpose. However, Rhode Island law does not specify the actual length of this jail sentence. Usually, the confinement period is determined by the underlying court case (that which the defendant did not attend), the defendant's criminal history, and the circumstances of the failure to appear.
Failure to Pay in Rhode Island: How It Works
An unpaid court fine or fee can land a person in hot water in Rhode Island. The court can release a bench warrant for the person's arrest and impose additional fine penalties. Such a person may also lose their driving privileges and incur jail time or community service if the nonpayment is intentional.
For instance, according to R.I. Gen. Laws § 12-6-7.1, individuals who fail to pay a court-ordered fine, order of restitution, or civil assessment are liable to pay an additional $125 to the court.
No-Knock Warrant in Rhode Island: General Laws
In the United States, the police must notify residents before forcibly intruding on their property to execute a search warrant (also known as the "knock and announce" rule per the Fourth Amendment). Nevertheless, the law also permits no-knock entries in situations where the destruction of evidence is imminent or prior notification will allow a suspect to escape or put an officer's or other person's life in danger. Usually, before such a warrant can be issued, it must be approved by a judge.
However, no-knock warrants have fallen under scrutiny in the country following the Breonna Taylor incident. More people have questioned the necessity of no-knock warrants. As a result, some U.S. states, including Virginia, have banned or restricted the use of these warrants. No such legislation has been enacted in Rhode Island.
Does Rhode Island DMV Check for Warrants?
Yes, the Rhode Island DMV will check for active or outstanding warrants as part of their routine when processing license and registration applications.
