Florida Warrant Search

A Florida warrant search, also called a Florida warrant check, is an inquiry into warrants issued within the Sunshine State. It may be performed by members of the public curious about whether they have an active or outstanding warrant or by parties, including law enforcement officers, who want to determine a person's warrant status.

Warrant information is generally accessible by contacting state departments in Florida, like the Department of Law Enforcement (FDLE) and local offices, such as the Miami-Dade Sheriff's Office, the Fort Lauderdale Police Department, and the Tallahassee Police Department. Many third-party websites also provide Florida warrant search services online. 

Warrant searches in Florida may reveal if someone is wanted for a crime within state boundaries, allowing private citizens to protect themselves from harm and peace officers to bring suspects to justice. Because warrants are also issued for civil (non-criminal) matters like failing to pay a court fine or appear for a court hearing, the information may be helpful in business or financial dealings, especially regarding transacting with or hiring someone who may present a risk.

Are Warrants Public Records in Florida

Yes. Warrants in Florida are generally considered public records under the Sunshine Law (Chapter 119, Florida Statutes). According to the law, anyone (subjects of warrants, peace officers, residents) may obtain warrant information from government databases or repositories. 

Nonetheless, exemptions may apply to records regulated by Florida's Sunshine Law and other applicable statutes or regulations to balance the public's right to know with privacy provisions. As such, information deemed confidential or sensitive in Florida is unavailable upon a Florida warrant search, and restrictions affect the public's access to certain warrant records.

For example, per Rule 2.420: Public Access to Judicial Branch Records, copies of search and arrest warrants and supporting affidavits maintained by clerks, judges, and other court personnel are confidential until such warrants are executed or law enforcement authorities determine that execution is unattainable. 

Types of Warrants in Florida

Judges issue different types of warrants in Florida, the most common of which include arrest, bench, and search warrants.  An arrest warrant directs peace officers to arrest an individual accused of committing a criminal offense, and a bench warrant instructs law enforcement to apprehend a subject and bring them before a judge. In contrast, a search-and-seizure warrant is a written order from a judge that directs police officers to search a specific location or person for criminal evidence and bring said evidence to court. 

Other types of warrants may include an agriculture warrant or an extradition warrant. This government-issued warrant authorizes a peace officer or other designated person to arrest an accused wherever they may be found in the state and deliver them to the demanding state. Florida's extradition statute is codified at FS 941.

What is a Search Warrant in Florida?

A search warrant is a judge's written order directing police officers to search a specific location, vehicle, or person for criminal evidence and bring said evidence to court. Florida Statute 933 is the governing body of law for the issuance and execution of search warrants in Florida. While this law does not explicitly define the phrase "search warrant," it specifies, in Fla. Stat. §933.01, that the warrant must typically be issued by a judge having jurisdiction where the vehicle, place, or thing to be searched may be found. 

Obtaining a Search Warrant in Florida

Before a criminal search warrant may be issued in Florida, the lead investigative officer or detective (the "affiant") typically has to submit a sworn application (an "affidavit") setting forth the location to be searched, the items/objects to be seized, and reasonable grounds ("probable cause") for the warrant's issuance. Such grounds, as specified in Fla. Stat. §933.02, may be that a property has been used as a means to commit a crime, been stolen or embezzled, or been used in violation of laws relating to obscene prints and literature, and so on.

Upon reviewing the application and other supporting proof (including witness testimonies) and finding probable cause exists, a Florida judge may issue the search warrant. According to Fla. Stat. §933.07 (4), a judge will issue a search warrant once the judge affixes their signature or electronic signature to the document. The warrant directs any sheriff, sheriff's deputy, police officer, or other authorized party to search the property described therein or a named individual for the specified property. The officer must typically bring said property and any person arrested before the judge or another court having jurisdiction over the offense. Whatever the case, the warrant protects the subject from civil or criminal liability.

In this manner, each search warrant released in Florida satisfies the requirements of the Fourth Amendment, which safeguards people from unreasonable searches and seizures by requiring warrants to be issued only upon probable cause and certified by oath or affirmation.

Executing a Search Warrant

A Florida search warrant is typically executed (by only peace officers) and returned to the court within 10 days of its issue. Otherwise, it is no longer valid. Execution is often within daylight hours unless nighttime execution is expressly authorized in the warrant. Normally, officers will utilize the "knock and announce" method to execute the warrant; however, they may break down any door or window if admittance or access is refused after giving due notice. When executing the warrant, the officer must furnish the subject with a copy of the warrant and may also provide a copy of a written inventory of all property seized.

Note that separate protocols apply for agricultural warrants, which—although issued only upon probable cause by a judge—are issued on different grounds, have unique application requirements, and are valid for up to six months from issue. See Fla. Stat. §933.40 or visit the Department of Agriculture and Consumer Services website for more details.

How Long Does It Take to Get a Search Warrant?

Generally, there is no standard time frame for issuing a search warrant. Because the state's constitution and legislature mandate the finding of probable cause before such warrants are approved, judges must typically carefully review applications submitted by law enforcement authorities. Other factors, such as a judge's availability, a case's complexity, and an officer's ability to persuade the judge that the warrant is needed, also influence this timeline. As a result, the process takes as long as is required, which may add up to some hours or a few days.

What is an Arrest Warrant in Florida?

An arrest warrant is a legal document signed by a judge that permits the arrest of an individual suspected of a criminal offense. In Florida, police authorities, often a lead investigator or detective, request these warrants by submitting affidavits to the court. Each application must typically bear the affiant's signature and state facts that support the warrant's issuance (i.e., probable cause that exists to make the arrest). However, a judge cannot sign off on the warrant unless satisfied that probable cause indeed exists. The authority to issue and request arrest warrants in Florida is established by Florida Statutes 901.

Florida law and Rule 3.121 of the Florida Rules of Criminal Procedure set out the state's arrest warrant requirements and contents, including that the issued warrant must: 

• Be in writing and the name of the State of Florida.
• State the nature of the offense.
• Direct that the accused person be arrested and taken to a judge.
• Name the person to be arrested, or if such name is unknown, bear any name or description by which the suspect may be identified. It may include a photograph if available. It may also include recent changes to the name if applicable.
• Specify the issue date and county.
• Be signed by a judge with their office title or electronically signed if submitted via reliable electronic means.
• Set the bail amount or other release conditions (if applicable) and the return date.

Executing an Arrest Warrant

Arrest warrants issued in Florida may be executed at any time (day or night). This means a person subject to such a warrant risks being arrested anywhere they are discovered. Such warrants are only resolved by a person's arrest or voluntary surrender or when the court recalls the warrant. As a result, it may be prudent to consult a criminal defense lawyer on one's options if such a warrant exists.

Arrest Warrant Lookup in Florida

The Department of Law Enforcement in Florida offers a free searchable database to find active warrants in the State. Members of the public may access this database through the FDLE's Crime Information Center to look up outstanding arrest warrants. Inquirers may search the platform with a person's name (last, first, or middle), nickname, date of birth, age, race, or sex. 

Another way to look up arrest warrants issued in Florida is to contact the sheriff's office in the county where a crime supposedly occurred. Note that some offices do not accept telephone calls for warrant searches and require inquirers to come to the office to acquire the details they seek. However, inquirers must exercise caution when seeking these records in person, as active warrants in their name typically translate to instant arrest.

Many sheriff's offices also maintain accessible databases to aid public warrant searches within their jurisdictions. For example, citizens may obtain information about warrants issued in Polk County by contacting the local sheriff's Warrants Unit at (863) 298-6499 or via email at Wanted@polksheriff.org during regular business hours. A person may also access the Polk County Sheriff's Office Warrant Search portal to find local warrants by last name, city, zip code, or gender.

A court clerk's office may also keep public information about warrants for interested individuals. To request the information, one may call or visit the clerk's office (where a case was filed or heard). Like state and local law enforcement departments, clerks of courts in Florida also provide case search features on their websites, which may uncover some warrant details, such as a Failure to Appear (FTA) warrant, a common type of bench warrant.

How to Find Out If You Have a Warrant in Florida

The subject of an arrest warrant may utilize the above methods to confirm a warrant's existence in Florida. The aforementioned government agencies provide such resources to members of the public to obtain warrant information, whether the requesters are the subjects of warrants or curious parties. 

However, contacting a local sheriff's office or courthouse to request information about active or outstanding warrants in one's name may cause the police to search for the individual. Thus, inquirers are often advised to consult a criminal defense attorney to confirm a warrant and its underlying charge. They may also  discuss the next steps with the lawyer if a warrant exists. 

Note: One cannot look up search warrants in their name in Florida, as these remain confidential until executed. 

Free Warrant Search in Florida

Government agencies that maintain warrant records in Florida do not typically charge requesters for the information. As such, any member of the public may call or visit such offices to obtain warrant data, such as the subject's name, their alias(es) or nickname(s), the alleged offense/charge, warrant issue date, and the subject's identifying features, without paying a sum of money. Admittedly, warrant requests are typically record inspection requests and do not require the reproduction of a paper or electronic copy, which often leads to charges. 

Moreover, many warrant records custodians provide free online search websites to users. These sites have varying search criteria but generally require a person's name to pull up a record match. 

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

According to state laws, law enforcement agencies such as the Florida Police Department can seize your phone temporarily in certain situations. They can do so if they suspect it holds some evidence of a crime or in the instance of an arrest. However, the Florida Constitution and the Fourth Amendment require that law enforcement agents obtain a warrant before searching your phone. There is no time limit for holding on to your phone, which generally depends on the investigation's length.

However, police officers may not seize your phone indefinitely without a warrant unless there is an investigative reason. Individuals who want to challenge an unlawful seizure of their phones may do so through a motion to suppress evidence in court. According to Florida Statute § 933.05, search warrants must be executed within 10 days from the date of issuance.

Additionally, Florida Laws uphold the Fourth Amendment through Article I, Section 12 of the Florida Constitution. There are also exceptions to requiring a warrant to search a phone, which include:

• Consent of the phone owner
• Exceptional circumstances, such as a threat to public safety
• Searches incident to an arrest according to Florida Statute § 901.21

How to Find Out If Someone Has A Warrant Online

To find out if someone has a warrant online, a person may access the local sheriff's warrants search database where a crime allegedly occurred, or they may access the Florida Department of Law Enforcement Wanted Persons database to search all jurisdictions within Florida. Equally, an option is a court clerk's case search portal in the county where the case is open. 

However, the FDLE and other government repositories warn online users not to regard the information they obtain as current or complete, nor should any information be used as a basis for individual action. Sometimes, a warrant may not be listed online, and some information may be outdated. Individuals are advised to contact their local law enforcement agency or the reporting agency listed in the online search results to verify warrants.

Additionally, the public may utilize online databases provided by third-party or independent companies to find Florida warrant information. Like government databases, third-party websites require criteria like a person's last and first name to return matches. However, a fee may be assessed to obtain a record. 

How Long Do Warrants Last in Florida?

Warrants issued in Florida never expire, except for search warrants, which have a 10-day limit for execution (Fla. Stat. §993.05). Essentially, these writs follow their subjects forever—even when they relocate to another state or country—and may only be resolved when served, when a judge recalls the warrant, or when the subject dies.