Georgia Warrant Search

A Georgia warrant search may help provide inquirers with information regarding writs issued on a person or property within state limits. There is no statewide repository where interested persons may perform a warrant search. However, individuals may look up warrant records online or in person at the Sheriff's Office in most counties. For instance, local records of warrants issued in Cobb County may be found by contacting the Cobb County Sheriff’s Office. At the same time, the Fulton County Sheriff’s Office maintains records of warrants issued within its jurisdiction. In a few instances, warrant records may be found as part of a case file so that inquirers may search for warrants through the superior or magistrate court of the jurisdiction concerned. 

Are Warrants Public Records in Georgia

Yes. Georgia warrants are public under the Open Records Act. This law provides members of the public the liberty to obtain and make copies of records (Official Code of Georgia Annotated (O.C.G.A.) §§ 50-18-70).  There is no exception to the openness of a warrant in Georgia once it has been issued and executed. However, certain information may be exempt from public disclosure before its execution.

Types of Warrants in Georgia

Different types of warrants are issued in Georgia, including:

• Search warrants
• Bench warrants
• Civil capias
• Extradition
• Fugitive,
• Alias warrants. 

However, arrest warrants are arguably the most common type of warrant. They are formal orders authorizing law enforcement to apprehend a member of the public. They are issued when the arresting agency submits sufficient evidence proving that a resident broke the law. 

What is a Search Warrant in Georgia?

A search warrant is an office document that grants law enforcement the right to thoroughly search the place as stated on the order (and no place more). For example, a warrant to search a person's office space would not cover searching their residence. Search warrants are requested by the law enforcement agency with jurisdiction over the case. The Fourth Amendment to the national constitution makes it unlawful for authorities to ransack or seize private property without 'probable cause.' This is why a search warrant is necessary. 

A Georgia search warrant permits law enforcement to search an individual or property. It is customarily issued by a judicial officer and presented to the subject before the search.  Per GA Code § 17-5-25, a search warrant is valid for 10 days from the day it is issued, after which it is deemed invalid. 

How Long Does It Take to Get a Search Warrant?

The processing time for obtaining a search warrant in Georgia may range from a few hours to several days. Generally, a warrant is signed and issued by the court to law enforcement once it is proven that there is probable cause for the search of a residence or place. Hence, the time frame for a warrant to be granted is determined mainly by how quickly the applicant can provide believable evidence to warrant the issuance of a search order. 

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

Under Georgia laws, law enforcement agencies such as the Georgia police department may hold your phone without a warrant when they reasonably believe there is evidence of a crime. There is no set time limit for the period for which they may hold on to your phone, but it must be within a reasonable time relating to the investigation. They will also need a warrant to actually search the phone. This is according to the Fourth Amendment, which protects against unlawful seizures and searches of private property. 

However, certain exceptions exist to the requirement for a warrant to search your phone. Such exceptions include

• Giving consent to an officer to search your phone
• Special circumstances, such as an immediate threat to public safety or when there is a risk of evidence being destroyed.
• According to Georgia laws, a search of your phone’s physical features is allowed if it is incidental to an arrest.

Note: Law enforcement authorities will require a warrant to search your phone for a temporary or long-term seizure. 

What is an Arrest Warrant in Georgia?

An arrest warrant is a court-issued document authorizing the arrest and detention of the subject on the warrant. While arrest warrants are required for an individual's apprehension and detention, an arrest may occur without a warrant if an offense was committed before an officer. Arrest warrants are used only in criminal cases. 

A law enforcement officer must prove probable cause to get an arrest warrant. It is said that there is probable cause if the evidence provided may make any reasonable individual believe that an offense is about to be committed, is in the process, or has been committed. Once established, the applicant would be granted the warrant. The judicial officer granting the warrant does so on behalf of the state, per Georgia Code Title 17. Criminal procedure § 17-4-40, any judicial officer with the power of a magistrate may issue an arrest warrant.

According to GA Code § 17-4-41, the content of an arrest warrant includes: 

• The suspected crime
• The time it was committed
• The date and  place of occurrence
• The victim and a description of the offense.

If the offense is theft, the warrant issued would include the name of the alleged stolen property, including its description and value. It would also feature the name of the property's owner and the individual from whom it was stolen. The content of the warrant would be the fact presented to the suspect as the reason for their arrest.

Arrest Warrant Lookup in Georgia

Arrest warrants are maintained by local law enforcement agencies (like county Sheriff's offices or courthouses) in Georgia. The procedure for looking up an arrest warrant in the state differs per county, as each county provides different options citizens may use to access warrants. Inquirers may obtain information on an arrest warrant from the Office of the Sheriff online or over the phone. In some cases, visiting the office may be required. In order to make a phone request for warrant information, inquirers must provide information to facilitate the search. For in-person requests, the inquirer would need to provide a government-issued ID.

For counties that provide arrest warrants online, inquirers may conduct remote searches using the subject's name and other biodata. One of such counties where this is possible is Appling County. Researchers may check court case files to search for an arrest warrant (in cases where this applies) using a name or case number. This may be done online on the court's web page or in person at the courthouse.

How to Find Out If You Have a Warrant in Georgia

To find out if you have a warrant in Georgia, inquirers may query the county Sheriff's office or the courthouse in the judicial district where the warrant was issued. Individuals may contact the Superior County courthouse directly or search the court's website for criminal history information (typically featuring warrants).

Similarly, a researcher may simply check the County Sheriff's web page, call the office, mail, or query the office in person. In some counties, a list of active warrants is published online, while other counties may provide a search tool. In other cases, that may not be the practice, and the inquirer would have to call the office, send mail, or visit the office.

Free Warrant Search in Georgia

Public agencies that maintain warrant records in the state customarily make them available to the public at no cost. Interested persons may query the agency in person or via mail to retrieve this information. Inquirers may also visit the Sheriff's office or a courthouse to inspect records.

How to Find Out If Someone Has A Warrant Online

Members of the public may check for active or outstanding warrants online or in person on the Sheriff's office's website. Some offices publish a PDF document of a list of warrants in the county online. In contrast, others provide a search tool that citizens may use to find warrants. Also, warrants are sometimes a part of the documents found in a case file. A researcher may either check with the clerk at a given courthouse during work hours or use the case management tool on the court's site to search for warrants. Most platforms allow for name searches, although some may use a case number. 

Interested persons may also find out if someone has a warrant online through government-approved third-party or private vendors. Most such sites offer state-wide warrant searches, which are easy to navigate. Searches would go for a fee on these sites, and the amount may vary from one to another depending on the scope of information being searched. 

How Long Do Warrants Last in Georgia

In Georgia, warrants are generally active for the duration stated in the statute of limitations. This usually depends on the type of offense committed. To this end, some warrants remain active and may be recalled unless sealed or expunged. A bench warrant and an arrest warrant are examples of such warrants. On the other hand, search warrants only have a 10-day life span, after which another one would need to be issued if the case still needs to be resolved.