Arrests are defined as custodial detentions effected with or without active warrants.Because these infringe on the constitutional liberties granted to the citizens of the United states, when an active warrant is issued it has to be done with the involvement of the judiciary in the process.
For the issue of active warrants from WV, an officer of the law must submit a complaint under oath in a court. A neutral magistrate or judicial officer studies the evidence presented in the writ to ensure that there is reasonable cause to suspect that a crime was committed and that the burden for its commissioning lies on the shoulders of the accused.
West Virginia Code 62-1-1 states that arrest warrants can be served at any time and at any place in the state unless otherwise ordered by the magistrate. The sitting judge can not only impose limitations on the execution of such orders but also grant additional authority to the police for serving these directives. An example of this is when the magistrate allows night time service for misdemeanor warrants which are generally executed in the 6 am to 10 pm time bracket.
When and where can WV active warrants be used?
The answer to this has been given through Rule 4 a of West Virginia Laws of Criminal Procedure for the court of the magistrate. It states that the subject of an active warrant can be picked up from his own home regardless of whether he has given consent to the police officers to enter the property owned by him.
Arrests can also occur at public places including on the road and in third party premises. However, for the latter, the arrest warrant will have to be supported by a search order. If police officers have the consent of the third party for entering a property owned by them, the requirement for the search order can be eliminated.
Warrantless arrests have only been authorized in exigent circumstances when not detaining the accused endangers the community or if there is a risk of his escaping from the crime scene or the county in which the criminal act has occurred. Arrest warrants have unlimited geographic jurisdiction in the issuing county and state as well as outside.
Where can you find information on WV arrest records and active warrants?
To launch an arrest warrant search in WV, you will need to approach, Morpho Trust a provider of identity information services contracted by the West Virginia State Police.They can be contacted online at www.identogo.com or through phone at 855-766-7746. You will need signed authorization from the subject to conduct the inquiry and will have to bring a photo ID along.
You can also connect with the state judiciary for inquiries on criminal history. The administrative office of the courts can be contacted in person to browse through their court dockets database at the Capitol Complex, Building 1, Charleston, WV 25305. Another way is to get in touch with the Division of Corrections of West Virginia State for details on inmates who are doing time in the state correctional system.
They offer access to their inmate search facility online at http://www.wvrja.com/puboffsearch/offsearch.asp. You can also contact them offline at West Virginia Regional Jail & Correctional Facility Authority, 1325 Virginia Street East, Charleston, WV 25301 for such investigations. Finally, a few sheriffs' departments that offer information on locally issued active warrants through their websites include: