South Carolina Warrant Search

A warrant search in South Carolina involves making inquiries about the types of warrants issued in the state, the name on the warrant, and how warrants are processed. Individuals, peace officers, and the general public have several reasons for searching for warrants. Residents of South Carolina typically do this search to determine if there is an active warrant against them or someone else. Other persons may do warrant searches for curiosity's sake.

South Carolina does not have a central warrant search database for retrieving warrant information. Nevertheless, warrant searches can be done by contacting criminal justice agencies directly or using independent service providers. In any way, persons who do a warrant search can expect to see details about the warrant subject, the issuing official, the date of issuance, and the reason for issuing the warrant.

What is a Warrant in South Carolina?

A warrant in South Carolina is a court-issued writ handed out to a law enforcement agent with specific instructions: make an arrest, impound a property, or search a location. The most common types of warrant issued in South Carolina are arrest, search, fugitive, and bench warrants.

A warrant must be issued by a judge or magistrate in keeping with the conditions stated in the Fourth Amendment of the U.S. Constitution and Article I, Section 10 of the S.C. Constitution. Both laws protect citizens of the state from unreasonable seizures and mandate that arrests must be made based on probable cause. Thus, law enforcement must present substantial evidence and an oath of affirmation to the court before a warrant can be issued.

Are Warrants Public Records in South Carolina?

Yes. The South Carolina Freedom of Information Act governs public access to judicial records, including warrants. Nonetheless, warrants may not be publicly accessible in specific circumstances. For instance, warrants related to minors or those whose disclosure may disturb public peace are not typically available for public inspection. Also, warrants containing sensitive personal data and social security details may be exempt or sealed by a court ruling.

How Do I Look Up Warrants in South Carolina?

One can look up warrants handed out in South Carolina via third-party websites available on the internet. These third-party sites offer a centralized way of finding warrants from different counties and states. To begin a search, the requestor must be able to supply a subject's first and last name or additional information like a birth date or location where the warrant was issued.

The cost of researching warrant information on third-party websites varies depending on the record provider. It may be possible to retrieve basic warrant information on some sites for free with specific charges attached to retrieving full warrant reports. Most sites charge a fee between $1 to $5 per warrant search, while others offer monthly, annual, or quarterly subscriptions for as much as $25.

Although looking up warrants on third-party websites offers more convenience and flexibility, there is no guarantee of the accuracy or completeness of the information obtained. Thus, it is prudent to cross-check the results with information from government sources, especially if one intends to use the results for official purposes like tenant screening.

What is a Search Warrant in South Carolina?

A search warrant in South Carolina is a written mandate issued by a judge authorizing the search of private property. Before this warrant is issued, however, law enforcement must provide evidence or establish probable cause that the property contains evidence of criminal activity.

The enforcement officer is required to submit an affidavit stating probable cause and a sworn statement to the issuing judge before the warrant can be handed out. Section 17-13-140 to 160 of the South Carolina Code contains the requirement for the issuance and execution of search warrants and mandates that search warrants must be in the form specified by the State Attorney General.

Are Search Warrants Public Records in South Carolina?

Yes. Per the South Carolina Freedom of Information Act, search warrants can be considered public records. However, unexecuted search warrants and invalid search warrants, as well as recalled warrants or warrants related to juveniles may not be publicly available. Furthermore, if making an active warrant publicly available will compromise a criminal justice process, the court may temporarily sequester it from the public.

How Long Does it Take to Get a Search Warrant in South Carolina?

It depends. South Carolina laws do not stipulate a fixed time for issuing warrants. A judge or magistrate may issue a search warrant once a peace officer can provide a reasonable need for a search warrant backed with an affidavit or an oath of testimony. Thus, getting a warrant may take a few minutes or several days, depending on the strength of evidence establishing probable cause.

How Long Does a Search Warrant Last?

A South Carolina search warrant has a lifespan of ten days from the date of issue. It must be executed and returned to the court within this timeframe. Otherwise, the warrant becomes void (S.C. Code Ann. §§ 17-13-140).

What is a Bench Warrant in South Carolina?

A bench warrant in South Carolina is a written document issued by a magistrate or judge in a court to a peace officer requesting for a defendant to be brought into custody. A bench warrant is usually sent out when an offender refuses to appear in court for a hearing, defaults in payment of court fines/penalties, or disobeys court orders (S.C code of laws §§ 38-53-70).

What is an Arrest Warrant in South Carolina?

An arrest warrant in South Carolina is a written authorization handed out by a judge to a law enforcement agent upon verifying probable cause supported by a submitted sworn testimony ordering the arrest of a fugitive. General statutory conditions associated with arrest warrants are documented in S.C. Code Ann. §§17-13-10 through 17-13-160.

How to Check if You Have a Warrant in South Carolina

The courts and law enforcement agencies in South Carolina are usually in charge of maintaining warrant information and making them available to the public on request. One may query the clerk of the court's office where the warrant was issued, a sheriff's office, or the local police departments in person or via mail to do warrant searches on themselves. Most persons prefer mail requests because they do not have the risk of on-the-spot arrests associated with in-person requests.

The South Carolina Sheriff's Association has an online directory through which a requestor can retrieve the contact information of the various county sheriff offices in the state. Similarly, the State Law Enforcement Division(SLED) in South Carolina provides criminal history information to citizens. Criminal history records are comprehensive and will usually contain information about warrants issued in a person’s name.

In any way, to check for an active warrant, the inquirer should be able to provide search information such as a full name, date of birth, location, etc.

Can You Check Warrants Online in South Carolina?

Yes. Many municipal courts and sheriff offices in South Carolina have online search tools on their websites that allow members of the public to search for outstanding warrants. E.g., the Charleston County Sheriff's Office Warrants Search portal.

An interested person can also check for warrants on the SLED CATCH online database system for a fee of $25. To utilize these search portals, the requesting party will need to enter a name or any other required search criteria. In addition, one may obtain warrant information by inspecting the most wanted offenders list made publicly available by the South Carolina State Law Enforcement Division website.

How To Find Out If You Have a Warrant for Free

One can find out if there is an outstanding warrant issued against them for free by:

• Submitting in-person or mail requests to a court or county sheriff's office
• Inputting a subject's first or last name into the search portals provided on a municipal court or local sheriff's website
• Reviewing publicly accessible local and national wanted persons lists.

How to Find Out if Someone Has a Warrant Online For Free in South Carolina

The free option available for checking if there is an active warrant issued against a person is to use the online search tools provided by the courts or local law enforcement. Although researching warrants on others does not usually have restrictions, it may be difficult to gain access to some warrant information especially if such information is deemed confidential by law or contains sensitive private data.

How Long Does a Warrant Stay Active in South Carolina?

It depends. The validity period of warrants issued in South Carolina depends on the type of warrant issued. Arrest warrants can only remain active for ninety days (Rule 3 subsection a). If the arrest warrant has not been executed after ninety days, the peace officer will need to submit a new probable cause and affidavit to the magistrate for a new warrant to be issued or file for extension as stated in subsection "d" of Rule 3.

Meanwhile, search warrants expire ten days from the date of issuance (section 17-13-140). Bench and fugitive warrants, on the other hand, typically remain active until an arrest has been made, and the offenders surrender themselves. The issuing judge may also recall the warrant. Otherwise, these warrants remain active for life.

How Do I Find Out If I Have a Federal Warrant?

Records of federal warrants issued against US citizens are stored by the Department of Justice on the Warrant Information System(WIN). This database is managed by the U.S. Marshals and is not accessible without authorization. Hence, individuals with federal warrants cannot search the WIN database to verify their active warrants.

Persons with federal warrants will typically find out about them at the point of arrest unless they enlist the service of defense lawyers or other officials with access to the WIN database. Another way to verify the existence of federal warrants is to inspect the wanted persons list published by federal enforcement agencies.