Tennessee Warrant Search

Are Warrants Public Record in Tennessee?

Yes. According to the Tennessee Public Records Act, warrants can be accessed by members of the public, usually through law enforcement agencies, courts, or designated public records databases. The availability of warrant information can vary by jurisdiction, and some information may not be publicly accessible due to privacy concerns or ongoing investigations. In cases where a Tennessee criminal record is expunged or restricted from public disclosure, the warrants associated with it may also be deleted or deemed confidential.

What is Considered a Warrant in Tennessee?

Tennessee warrants are writs or court orders that authorize law enforcement agents to perform actions that would otherwise infringe on people’s personal freedoms and rights. Typically, judges, magistrates, or clerks of court issue warrants in Tennessee.

Tennessee courts issue different types of warrants depending on the need or purpose. Common examples of Tennessee warrants include search warrants, arrest warrants, and bench warrants. Other types of warrants that Tennessee courts issue include tax, escape, and execution warrants.

As provided by the law, Tennessee courts must establish probable cause before issuing a warrant. This means that the requesting officer, who is typically a peace officer, sheriff, or police officer, must present a written statement and an affidavit to the court. After examination, the court must decide whether there are sufficient grounds to issue a warrant.

A warrant will typically contain data about the wanted person, such as their first name, middle name, and last name, as well as their weight, height, race, and eye color. An outstanding warrant whose subject is a fugitive will likely be published on the website of the arresting agency in the concerned jurisdiction.

How to Find Out if You Have a Warrant in Tennessee?

Any individual interested in conducting a Tennessee warrant search may do so through the following:

• Criminal history checks
• Court records requests
• The local sheriff or county websites

Interested persons may request criminal history checks. The Tennessee Bureau of Investigation allows interested parties to conduct personal background checks. Criminal history checks contain the requesting party’s arrest history. Interested parties may complete the background check request online, and the service costs $29.

Local sheriff websites such as the Hamilton County Sheriff’s Office allow users to search for warrant information. Interested parties may conduct the search using the record subject’s name, warrant number, or partial street address. Interested parties may contact the court clerk in the county where the warrant was originally issued for information about warrants. Since warrant records are public information, requestors may also visit public databases and websites.

Many online databases can assist individuals in carrying out warrant searches to find out if they have active warrants in the state. 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 Tennessee?

A warrant’s expiration date is dependent on the type of warrant. Some warrants expire after a number of days. The court sets these dates, and law enforcement officers must execute warrants within the set time. An example of a warrant with a short or known validity period is search warrants. According to Tenn. Code Ann. §40-6-206, any warrant that the court issues in relation to misdemeanor cases must be executed within five (5) years. The court automatically terminates misdemeanor warrants that remain active after five (5) years and deletes records of such warrants.

Other types of warrants stay active until the person named on the warrant resolves the warrant or the court recalls the warrant. These types of warrants stay active even after the statute of limitations for the original offense has passed. This means that law enforcement agents execute a warrant as soon as the person named on the warrant is identified, no matter how long ago the court issued the warrant.

How Long Does It Take to Get a Warrant in Tennessee?

The issuance of an arrest warrant in Tennessee is usually a quick process; it could be as fast as a few hours. However, the type of case for which the warrant is being issued plays a part in the time it takes to process the warrant. For instance, felony cases are usually processed faster than any other type of case.

Once the arrest warrant has been issued, it is valid for a period of 10 days, after which a new one will need to be issued if the offender is not apprehended. Bench warrants do not have an expiry date, as they are opened until the case is resolved.

How Do Search Warrants Work in Tennessee?

A Tennessee search warrant is a legal document that authorizes a law enforcement officer, typically a police officer, peace officer, or other authorized persons, to search a property or person. According to Tennessee’s Search and Seizure rules, criminal investigators, district attorneys, assistant district attorneys, and other law enforcement agents may request search warrants in the state.

Law enforcement officers must accompany warrant requests with sworn affidavits to establish sufficient grounds or probable cause for the courts to issue the search warrants. Tennessee courts issue search warrants on the following grounds:

• If the property in question has been used to commit a crime or intended for use in a crime
• If there are criminal possessions, contraband, and fruits of crime on the property
• If the property contains evidence of a crime
• If the person in question is unlawfully detained
• If there is probable cause for the person’s arrest

Sheriffs, deputy sheriffs, constables, and other law enforcement officers are competent to execute search warrants in Tennessee. Search warrants must be executed within five (5) days of issue.

How Does a Tennessee Search Warrant Become Invalid?

Search warrants must contain certain information, such as the judge’s signature and a description of the person or property to be searched. Without these important details, a warrant may be invalid.

Additionally, state law and federal law (the Fourth Amendment to the U.S. Constitution) require the establishment of probable cause before a judge or magistrate issues a warrant. These laws exist to protect individuals from unreasonable searches and seizures. Search warrants that violate these provisions may be invalid. Search warrants may also be invalid on the following grounds:

• If the affidavit supporting the warrant request is not sufficient
• If the warrant request misrepresents the defendant recklessly
• If the search warrant does not contain a description of the property to be searched or seized
• If the magistrate or issuing officer does not make copies of the search warrant
• If the executing officer did not provide the defendant a copy of the warrant

Evidence obtained from the use of an illegal or invalid warrant may not be admissible in court as the defendant may file a motion to suppress such evidence.

How to Conduct an Active Warrant Search in Tennessee

An active warrant search may be conducted in Tennessee by either checking the person’s criminal record or requesting them at the County Sheriff's office.

An individual's criminal record usually contains information on their arrest history and warrants. The Tennessee Bureau of Investigation maintains these records, allowing the public to access them at a cost of $29 per request.

An individual may also conduct the search at the office of the county sheriff's office. The sheriff of each county within the state is responsible for handling the records and history of arrests made within the county. Hence, the information on the active warrants of a person is included in the records under their care.

A requester could also search through the catalogs of third-party websites that make these records available online; some may come for a small fee, and some may be free. However, the depth of information available may differ from site to site.

Free Warrant Search Options in Tennessee

To conduct a warrant search for free in Tennessee, one will need to do one of the following:

• Visit the office of the county sheriff
• Contact the county court clerk
• Search through the database of a free third-party website

The county court clerk is responsible for keeping and maintaining all court records within the county. Court records usually include information on a person’s arrest, which may include a warrant. Therefore, requesting the person’s court records from the court clerk can help in accessing a person’s warrant.

Several third-party websites provide information on a person’s arrest at no cost. The information provided may or may not be in-depth, but it is definitely a good place to start a warrant search.

Tennessee Arrest Warrants: Rules of Procedure

An arrest warrant authorizes law enforcement officers to arrest and detain the person named on the warrant. If a law enforcement officer witnesses a crime, the officer may arrest the perpetrator without a warrant. A law enforcement officer may also arrest an individual without a warrant, provided the officer has probable cause to believe that the defendant committed a crime.

Judges and magistrates issue arrest warrants in Tennessee. At the District Attorney’s request, a court clerk may also issue an arrest warrant. However, the issuing officer must examine available information and determine whether there are sufficient grounds to issue an arrest warrant. A requesting law enforcement agent must prepare a written statement that establishes probable cause. The agent must also sign an affidavit or a sworn statement along with the written statement.

Under Tennessee’s Rules of Criminal Procedure, arrest warrants must contain:

• The issuing officer’s signature
• The county of issue
• The defendant’s name or a reasonably clear description of the defendant
• The alleged offense
• An order of arrest

Authorized law enforcement agents may execute Tennessee warrants anywhere in the state. When the court issues a warrant for an individual’s arrest, the arresting officer does not need to have a physical copy of the warrant at the time of the arrest. However, the officer must inform the defendant of the reason for the arrest and provide the defendant a copy of the warrant as soon as possible.

State laws authorize law enforcement officers to execute arrest warrants anywhere in the state as soon as the person named on the warrant is identified. In order to prevent unexpected arrest or detention, members of the public may conduct Tennessee warrant searches to determine if they have any outstanding warrants. It may be helpful to resolve a warrant before arrest to avoid imprisonment and other consequences.

Tennessee Child Support Arrest Warrants: What You Need to Know

The issuance of child support arrest warrants is a way through which the Tennessee Department of Human Services and non-defaulting parents enforce child support orders. In Tennessee, obligors or non-primary residential parents must pay the primary residential parent-child support. If the obligor defaults on child support payment, the obligee (or primary residential parent) may file a motion for contempt with the court. In this case, the court summons the defaulting parent to determine if the non-support is willful.

Tennessee courts do not penalize parents who are going through bankruptcy or cannot afford to meet child support order requirements. However, if the court finds that an obligor willfully defaults on child support payments, the court may find the defaulting parent in criminal contempt. Violating child support orders may result in fines or imprisonment. The court may detain the obligor until the person makes payments as required.

Tennessee Bench Warrants: Issuing and Arrests

In Tennessee, bench warrants are legal authorization for law enforcement agents to arrest persons who fail to comply with court orders. The court issues bench warrants for different reasons. Some of the reasons include failure to respond to a court summons, failure to appear in court as a witness, and failure to pay court fees and fines.

Bench warrants can be civil or criminal. The court does not typically penalize civil bench warrants with jail terms. However, criminal bench warrants may attract imprisonment. Persons who have acceptable or reasonable defenses for failing to comply with court orders may be able to resolve warrants without penalties.

Tennessee bench warrants do not expire. When a law enforcement officer has a bench warrant, the officer may arrest the person named on the warrant as soon as the officer identifies the person. This means that persons with outstanding bench warrants may be arrested at any time and anywhere. It is important for any person who suspects that they may have outstanding warrants to conduct Tennessee warrant searches. Such persons may also contact experienced criminal defense lawyers for assistance in resolving the warrant.

Failure to Appear in Tennessee: Rules and Consequences

A Failure to Appear warrant in Tennessee is a type of bench warrant that the court issues when an individual misses a court date or fails to appear in response to a summons. Per Tenn. Code § 39-16-609, it is unlawful for any individual to willfully fail to appear in court if:

• The court issues a criminal summons addressed to the individual
• A law enforcement officer issued the individual a citation
• The court released the individual on bail or recognizance
• The person willfully goes into hiding to avoid a court appearance

The court may not penalize persons who have acceptable defenses for missing court or failing to appear. Acceptable defenses include hospital visits or parole obligations.

How Long Do You Have to Stay in Jail for a Warrant for Missing Court in Tennessee?

According to Tenn. Code § 39-16-609, it is against the law for any individual to willfully miss court appearances. Willful failure to appear is a criminal offense in Tennessee. The amount of time the defendant spends in jail depends on the reason or type of case for which the court originally issued a summons or warrant.

Persons who fail to appear for booking or processing in response to a criminal summons may be charged with a Class A misdemeanor. In Tennessee, persons convicted of Class A misdemeanors may spend up to one (1) year in jail. Persons who fail to appear in court when the original case is a misdemeanor or a felony may be charged with a Class E felony. In Tennessee, Class E felony offenses are punishable by up to six (6) years in prison. The defendant must complete the penalty for missing court immediately after completing the sentence for the original offense.

Failure to Pay in Tennessee: How It Works

Tennessee courts issue failure to pay warrants for non-payment of fines, fees, and other costs as directed by the court. When a person defaults on court-ordered payments in Tennessee, the court may issue a summons or a warrant for the person’s arrest. The court will then determine at a hearing whether such a person willfully defaulted. The court may waive fees for financially destitute persons or administer alternative penalties like community service. However, if the court finds that non-payment is willful, it could result in imprisonment, additional fines, and a loss of driving privileges.

The court may penalize a person for non-payment if:

• The person has repeatedly defaulted on payments
• The court imposes a community service sentence in lieu of the outstanding fees, but the person fails to comply with the sentence.
• Defaulting on court payments violates the person’s parole or probation terms.

No-Knock Warrant in Tennessee: General Laws

A no-knock warrant in Tennessee is a type of search or arrest warrant that authorizes the bearer, typically a law enforcement agent, to search a person or premises or arrest the person without notifying the residents of their presence or purpose.

Typically, courts issue no-knock warrants if there are sufficient grounds to believe that:

• Knocking or notice would increase the risk of danger to the executing law enforcement officer.
• Knocking would allow suspects to escape or arm themselves
• Knocking would allow residents of a property to hide or tamper with evidence

Tennessee no longer issues no-knock warrants. According to Tenn. Code § 40-6-105 and TN SB1380, magistrates may not issue no-knock warrants.

How to Perform a Federal Warrant Search

The United States Department of Justice manages federal warrants through the Warrant Information System (WIN). However, information on the system is not open to the public for inspection, as they are limited to the use of the state’s law enforcement agencies. Therefore, individuals must contact privately owned organizations specializing in collating information on federal warrants.

Does Tennessee DMV Check for Warrants?

Yes, the DMV checks for warrants in Tennessee. The DMV is a government body responsible for issuing State IDs, driving permits and licenses, and vehicle registrations. Hence, they must run a check on every person before issuing them any license or identification.

When a person goes to the DMV to obtain a license, their details are run through their database, and important information, such as their active warrants, is revealed. Anyone the DMV finds to have an active warrant may be reported to law enforcement agencies.