Massachusetts Warrant Search

A Massachusetts warrant search is sometimes vital in uncovering crucial legal information about individuals within the state. Conducting such searches may yield essential details about the individual named in the warrant, such as:  

• The subject's first and last names
• Physical descriptions (such as gender, race, height, eye color, and weight)
• Address or location
• The offense for which the warrant was issued 
• Details about the court that authorized the warrant. 

Interested persons may conduct a Massachusetts warrant search by querying a local police department, such as the Boston PD, or Sheriff's offices, such as the Middlesex Sheriff’s Office or the Worcester Sheriff’s Office. Warrant details may also be accessible at courthouses in the judicial district where it was issued. Warrant records may also be included in the iCORI database, which the Executive Office of Public Safety and Security (EOPSS) maintains. Additionally, private services and third-party websites may also provide warrant search services. 

Are Warrants Public Records in Massachusetts?

Yes. According to the Massachusetts General Law, information in Massachusetts warrants is generally considered public records. As such, almost anyone may access warrant records unless they are classified as confidential or sealed based on specific legal provisions or court orders. However, as a general rule, details deemed private and warrants linked to cases involving a minor are typically not accessible to the public. Furthermore, a warrant may be sealed when its issuance marks the commencement of an investigation or when the case is still ongoing and particularly sensitive. However, there are scenarios where only certain warrant aspects may be restricted from public access. 

Types of Warrants in Massachusetts

There are various types of warrants in Massachusetts, each of which caters to different legal situations and serves distinct purposes. For instance, bench warrants are directly issued by the court when an individual fails to appear for a scheduled court appearance, violates a court order, or breaches the terms of probation. The subject of the warrant may be subject to arrest based on the case's specific details. Other types of warrants in the state may include arrest warrants. Search, witness, and capias warrants.

What is a Search Warrant in Massachusetts?

In Massachusetts, a search warrant is an official authorization issued by a magistrate, empowering a law enforcement officer to search an individual at a specific location or seize any property suspected of being associated with a crime. This authority may be granted in the following scenarios:

• Cases involving stolen property, embezzled assets, or items acquired through deceit;
• Properties or articles used, or intended to be used, as tools or instruments for committing an offense. This encompasses modified, altered, or marked instruments prepared or used to conceal a crime.
• Instances of unlawful possession of a weapon or property;
• Searches for a person's body or an individual with an outstanding arrest warrant. 

In the United States, the Fourth Amendment safeguards the rights of citizens, ensuring that neither individuals nor their residences may be searched nor their property seized without sufficient probable cause to believe that illegal activity is present. Consequently, law enforcement officers must obtain a warrant to conduct any search. In keeping with the state's legal provisions, securing a search warrant necessitates the submission of an affidavit outlining the specific details and reasonable grounds for the warrant to be issued.  

Under no circumstances in the state is a search permitted without a warrant. Moreover, a search warrant is not permissible for the search or seizure of documentary evidence held by a psychotherapist, attorney, accredited Christian Science practitioner, or clergy member believed to have a connection with a subject of the search warrant. An exception only arises if there is substantial cause to believe that evidence would be lost or destroyed without the immediate execution of a search. This is stipulated under General Law - Part IV, Title II, Chapter 276, Section 1.  

Obtaining a Massachusetts Search Warrant

Search warrants are generally granted after submitting an affidavit and oath from a complainant (General Law - Part IV, Title II, Chapter 276, Section 1). Depending on the case, affidavits may assert that an item or property is concealed within a specific location, such as:

• Stolen property
• Items acquired through fraudulent means
• Illegal items
• An instrument intended for use or already used in committing a crime. 

It's worth noting that a search warrant may also be issued to search for a living person or a body.  Typically, in Massachusetts, a judge determines the validity of a search warrant, and it expires after five working days. It is essential to recognize that warrants often specify a time frame for the search. 

How Long Does It Take to Get a Search Warrant?

Massachusetts search warrants are issued quickly and no later than 7 days after the application, per General Law - Part IV, Title II, Chapter 27 (Section 2B). Following the submission of an affidavit containing the necessary facts and data establishing probable cause, a judge is mandated to issue the search warrant if the evidence submitted justifies it.

What is an Arrest Warrant in Massachusetts?

An arrest warrant is a legal document issued by a court authorizing Massachusetts law enforcement to arrest a named party. Warrants are designed to protect the executing officers from civil or criminal liability while performing their official duties. According to Massachusetts General Laws 276-21, arrest warrants may be issued by justices of the superior, district, and supreme courts—these documents authorize the detention of an individual suspected of criminal involvement.

Obtaining a Massachusetts Arrest Warrant

A Massachusetts arrest warrant is granted after law enforcement petitions the judiciary to establish probable cause for the alleged offender's connection to the crime. An arrest warrant may also be issued if an individual fails to appear for a court date or violates probation or an order.

An arrest warrant typically includes information regarding the individual and the nature of the alleged offense. Where necessary, it may also include a note of caution for the executing agency and whether only peace officers in a jurisdiction may execute it. Where required, the issuing court may direct the warrant to some other persons. Notwithstanding, while the details of the arrest and the description of the subject should be accurately included, General Law - Part IV, Title II, Chapter 276, Section 23A allows for the provision that even if the description of a person on a warrant is not entirely accurate, it does not necessarily render the warrant invalid. Furthermore, if some of these details are not provided, the individual seeking the warrant may apply to the court clerk for an exemption. 

Arrest Warrant Lookup in Massachusetts

Individuals seeking to look up Massachusetts arrest warrants may utilize online resources or contact the relevant agencies responsible for issuing or executing the warrant. While certain counties occasionally provide a list of active arrest warrants, the most accessible records are those linked to other documents, such as a criminal record. 

Researchers may initiate their search by browsing the websites of the Sheriff's office, the Department of Police, or any of the courts within the judicial district where the warrant was issued. Alternatively, the inquirer may visit any of the offices or courthouses in person to make inquiries. They may need to provide details regarding the warrant to facilitate the search.

Additionally, requesters may access the iCORI database to search for arrest warrants, as they are included in the comprehensive criminal record document generated by law enforcement officers. To utilize this service, individuals must have an account and pay a fee for the search, depending on the criminal record being sought. When using the database, requesters must typically provide the individual's name and date of birth. 

The processing time for these requests may take up to 10 days, and the information accessible through this database may not be as comprehensive or detailed as desired if it is not a personal request.

Inquirers may also explore third-party websites. These private sites offer the benefits of a statewide search and user-friendly navigation. However, it's important to note that a fee may be required, particularly if the requester desires a copy of the warrant. 

How to Find Out If You Have a Warrant in Massachusetts

To find out if you have a warrant in Massachusetts, contact the police or the Sheriff's department in the jurisdiction where it was likely issued to inquire about an active Massachusetts warrant in your name. Inquiries may be made online, in person, or over the phone. In cases where a department does not disclose such information over the phone, it is best to seek legal advice before visiting the office. Some agencies make a warrant list available online. For example, residents in Attleboro County may access this list on the Attleboro Police Department site.  

Inquirers may also review court cases on the county court websites. If relevant to the case, a warrant would be featured within the case record. Members of the public may also visit the courthouse in person to request records or submit an inquiry via mail. For instance, inquirers may fill out and submit the Release Request Form (CJP 34) provided by the Probate and Family Court in Massachusetts.

Citizens may also inquire about active warrants from the Executive Office of Public Safety and Security or contact the Department of Criminal Justice Information Services (DCJIS) to request criminal records. They may also submit a request to DCJIS online, contact them by calling (617) 660-4600, or send a request to the following address:

Department of Criminal Justice Information Services,
Agapi Koulouris, Primary RAO,
200 Arlington Street, Suite 2200,
Chelsea, MA 02150  

Free Warrant Search in Massachusetts 

Most Massachusetts agencies offering access to warrant records do not charge for the information. However, if an individual wishes to obtain a copy of the document, they will be charged the cost of duplication. Free warrant searches may also be performed in person by visiting the custodial offices, such as the Sheriff's office, police department, courthouses, or DCJIS offices. When conducting a warrant search, the requester may need to provide the subject's name and any other relevant details, depending on the specific requirements of the custodian. 

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

Per the Massachusetts Declaration of Rights and the Fourth Amendment, law enforcement officers are not allowed to seize and search an individual’s phone without a warrant. However, there are some exceptions where law enforcement officers in Massachusetts may seize and search an individual's phone without a warrant. They include:

• Exigent or emergency circumstances where the data on your phone might help a criminal case.
• Criminal cases where the phone was used as a weapon to inflict physical harm.
• During booking or arrest.

If the above conditions are absent, a search warrant is required for a cell phone search. Per Massachusetts state laws, the courts only issue search warrants after probable cause has been established. Also, all Massachusetts cell phone search warrants set time limits on the duration of the phone search.

How to Find Out If Someone Has A Warrant Online

In Massachusetts, police departments and Sheriff's offices publish lists of general warrants and "most wanted" offenders online. Inquirers must verify whether the county of interest offers this service on their official website.

Members of the public may also find out if someone has a warrant online by using private aggregate websites. Many third-party platforms provide access to warrant information at the federal and state levels. However, to access detailed information and obtain a copy of the warrant, the inquirer may need to create an account, pay a subscription fee, or make a one-time payment. These sites also require the inquirer to provide information to facilitate the search, including:

• The subject's name
• Birth date
• County of issuance
• Other parameters that will narrow the search results. 

However, information obtained through third-party repositories is best confirmed from official sources since the reliability of the records they maintain cannot be absolutely assured. 

How Long Do Warrants Last in Massachusetts?

Generally, the length of time a warrant remains valid in Massachusetts varies with the type of warrant. A search warrant has a specific validity period, after which it becomes invalid, necessitating law enforcement officers to obtain a new order from the issuing court if further search arises. Fortunately, the petitioner is not required to initiate the application process afresh. However, to dissuade misuse, they may indicate recent changes in the circumstances surrounding the arrest and its execution. They may also highlight important aspects of the prior search attempt (if applicable).

Conversely, arrest and bench warrants remain active until they are canceled by a judge or magistrate or until the individual subject to the warrant fulfills the court's obligations or is apprehended by peace officers.