Are Warrants Public Record in South Carolina?
Yes. The South Carolina Freedom of Information Act permits law enforcement agencies to release or disseminate warrants to the public. Therefore, anyone can inspect or obtain copies of warrants at local law enforcement offices. Per South Carolina Code 17-1-40, expunged South Carolina criminal records, including bench warrants, are inaccessible to the public. Additionally, law enforcement and prosecution agencies will retain the bench warrant under seal for three years and 120 days. However, the warrant can be held indefinitely for investigation, prosecution, administrative hearings, and litigation purposes. This bench warrant will be confidential except by court order. If the bench warrant is expunged because the charge against the person is discharged or dismissed, or if the person is found innocent of the charge, the bench warrant is destroyed.
What is Considered a Warrant in South Carolina?
A warrant is a document that directs the police or other law enforcement officers to carry out certain actions. In South Carolina, such an order must come from a competent judicial officer, a judge, or a magistrate under state courts. Different kinds of warrants may come from the courts to serve diverse purposes. Some common ones include search warrants, arrest warrants, and bench warrants. Thus, a court may issue a warrant to detain a person, bring the person before a judge, or search the person’s property.
Before a judge or magistrate issues a warrant, law enforcement officers must show probable cause. Probable cause requires law enforcement officers to show valid suspicion of criminal activities by the suspect. Under the Fourth Amendment of the United States Constitution, any unauthorized action can lead to liability, which will rest on the law enforcement officer.
How to Find Out if You Have a Warrant in South Carolina?
A South Carolina warrant search helps individuals find information on outstanding warrants in the state. The South Carolina Freedom of Information Act allows members of the public to access public records in South Carolina, including warrants. However, it prohibits using records like police reports for commercial purposes. Interested persons may carry out South Carolina warrant searches through any of the following ways:
Courts in South Carolina act as repositories for relevant public records like court dockets and warrant information. Interested persons can conduct warrant searches by visiting the court websites or the Office of the Clerk. Another way to check for outstanding warrant information is through the South Carolina Department of Probation, Parole, and Pardon Services, making a list of the most wanted offenders available to the public.
Individuals may also search through the local sheriff’s websites in the various counties. For easy access, the South Carolina Sheriff’s Association has a directory that contains the identities, direct links, and maps of the different sheriff offices in the state. One may visit the right Sheriff’s office using the directory and find pending warrants. Alternatively, one may use a reliable third-party site that provides South Carolina public record search services. Most of these sites charge for the service, and requestors must provide names, dates of birth, and other relevant information to gather accurate data.
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 South Carolina?
Warrants in South Carolina do not go away with time. They often remain active until the police serve the accused person or the individual surrenders. Warrant information may also show up on background checks and other public record databases. Individuals may search background records information on the South Carolina Law Enforcement Division [SLED] website to see what comes up.
If a person finds an active warrant through a South Carolina warrant search, it is best to get an attorney to handle it. A criminal defense attorney will evaluate the charge and prepare a suitable defense. Such an attorney may also arrange a surrender to the law enforcement officials. A person who doesn’t handle an active warrant situation may get arrested over a minor traffic violation for the outstanding warrant. Depending on when the arrest occurs, it can lead to spending a few nights in jail.
How Long Does It Take to Get a Warrant in South Carolina?
Warrant issuance doesn’t take time in South Carolina. Typically, a law enforcement officer can get a warrant in a matter of hours if there is probable cause to believe that the defendant committed the alleged offense.
How Do Search Warrants Work in South Carolina?
In South Carolina, magistrates, recorders, city judges, or judges of a court of record may issue search warrants. Under Section 17-13-140 of the South Carolina Code of Laws, the Attorney General’s Office provides the form for the issue of all search warrants. The police must show probable cause in an affidavit, which the officer may support with a sworn testimony before the issuing magistrate, municipal judicial officer, or judge of a court of record. A magistrate or other judicial officer satisfied with the grounds of the application may order the issue of a search warrant to search the following:
- Stolen or embezzled property
- Property that is in unlawful possession
- Property intended for the commission of a crime or used to commit a crime
- A property that serves as evidence of a crime
A signed warrant must contain the following information:
- The date and time of the issue
- The name of the person the magistrate directs the order to
- Reason for issuing the warrant
- The name of the owner of the property is the subject of the search. A description of the person and address of the property may also suffice.
- A description of the item sought.
- The date and time of return
Where an officer goes to enforce a search warrant, such an officer must furnish the named person with a copy and the affidavit.
How Does a South Carolina Search Warrant Become Invalid?
Under Section 17 of the South Carolina Code of Laws, an officer executing a warrant must do so within ten days after the issue of the warrant. Such an officer must also take inventory of all items seized under the authority of the search warrant. Where a law enforcement officer does not carry out the search warrant within the stipulated time frame, such a warrant becomes invalid unless extended by the issuing officer. Some other circumstances may also make a search warrant invalid. These are:
- Where the police search a place outside the scope of the warrant
- If the police did not present an affidavit before the issuing judicial officer
- Where the information provided does not amount to probable cause
Any evidence obtained through an invalid warrant will not be accepted in court and may lead to a not-guilty verdict or dismissal of charges.
How to Conduct an Active Warrant Search in South Carolina
An active warrant search can be conducted online or in person at County Sheriff's Offices. For example, here is how to find active warrants online in Charleston County Sheriff's Office:
- Click on “Online Services” at the top bar of the sheriff’s homepage
- Select “Warrant Search” from the drop-down menu
- Conduct a search by the last name only or a combination of last name and first name.
The search result typically reveals the person's IP name, warrant number, issue date, warrant type, and description. In-person requests can be made by visiting the Sheriff’s Office from Monday to Friday from 8:30 am to 4:30 pm. The requester must provide a name or warrant number to facilitate the search. The office is located at:
Charleston County Sheriff's Office
3691 Leeds Avenue,
North Charleston, SC 29405
Phone: (843) 554-2469
Email: recordsi@charlestoncounty.org
Free Warrant Search Options in South Carolina
In South Carolina, a free warrant search can be done via online tools available from some law enforcement agency websites. Also, individuals can visit the record custodian offices to inspect active warrants for free. For example, the Barnwell County Sheriff's Office provides access to active warrants for free on its website. The warrant list is available in a spreadsheet that must be downloaded from the website. Requesters can also visit their office during their business hours (Monday to Friday, 9 am - 5 pm). The record staff would require a name or warrant number to complete the search. The office is located at:
Barnwell Sheriff's Office
Joey Zorn Law Enforcement Center
599 Joey Zorn Blvd.
Barnwell, SC 29812
Phone: (803) 541-1052
South Carolina Arrest Warrants: Rules of Procedure
An arrest warrant orders law enforcement officers to take a person into custody concerning an offense. A law enforcement officer seeking a warrant must come before a magistrate or municipal judge to make an application in writing and under oath. Under §17-13-160 of the South Carolina Code of Laws, the format for the issue of arrest warrants is as provided by the Attorney General.
Before a magistrate or municipal judge issues an arrest warrant, there must be adequate probable cause to show that a crime occurred and that the defendant committed the stated offense. The affidavit must contain facts and not assumptions, and the court may accept supporting testimony from a reliable informant. An arrest warrant must contain the following information:
- The description of the offense
- Name of the suspect
- A description or identification of the suspect where a name is not available, as John Doe warrants are not always sufficient
Although there is no statute of limitation on arrest warrants, the law expects the police to enforce a warrant within a reasonable time.
South Carolina Child Support Arrest Warrants: What You Need to Know
A Child Support Arrest Warrant is an order by a judge or magistrate to bring a non-custodial parent to court to give reasons for not paying child support. Under Title 63 of the South Carolina Code of Laws, the law expects non-custodial parents to make child support payments. Where the non-custodial parent fails to do so, the custodial guardian of the child may petition the court for relief. The court may then issue a Child Support Arrest Warrant to keep such a parent in jail until the parent complies with the court order.
A custodial parent may make an application to the South Carolina Division of Child Support Services (DCSS) by filling out a form. The DCSS helps locate non-custodial parents, establish paternity, and collect child support payments. Apart from jail time, the South Carolina DCSS and the courts may enforce child support payments in the following ways:
- Deducting the non-custodial parent’s paycheck
- Seizing stocks, bank accounts, and tax refunds
- Revoking the parent’s driver’s license, professional license, and passport
- Reporting the parent to credit agencies will result in a negative credit report
In April 2020, the Chief Justice of the South Carolina Supreme Court passed an order prohibiting the issue of warrants to arrest persons owing child support. The order was temporary and made to last only 30 days due to the coronavirus situation.
South Carolina Bench Warrants: Issuing and Arrests
A bench warrant is a court order that comes from the bench for the arrest of a person. Section §38-53-70 of the South Carolina Code of Laws provides for the issue of bench warrants. In South Carolina, a bench warrant does not need to be a regular arrest warrant. Law enforcement officers cannot use a bench warrant to institute a criminal action but bring a defendant before a court on a particular charge. Some instances where a court may issue bench warrants include:
- Where a defendant is out on bail under recognizance and fails to attend subsequent hearings
- Where a defendant does not comply with a sentence or fails to pay a fine
- Where a witness fails to honor a subpoena
Failure to Appear in South Carolina: Rules and Consequences
Where a person fails to go to court on an appointed date, the law regards the resulting offense as ‘Failure to Appear.’ In South Dakota, it is a criminal offense with dire consequences. The court may issue a bench warrant to bring such a person before the court. A judge or magistrate may also order law enforcement officers to hold such a person in jail until there is a hearing date to lift the bench warrant. The judge may also hold the person in contempt of court, which is a separate criminal offense that can result in a fine, jail time, or a criminal record. An affected person may need to hire an attorney to prevent the court from issuing a bench warrant or other punishment.
How Long Do You Have to Stay in Jail for a Warrant for Missing Court in South Carolina?
If a judge or magistrate issues a bench warrant for Failure to Appear, a person may go to jail. Under Chapter 15, Title 17 of the South Carolina Code of Laws, a person who misses court may face different consequences depending on the type of charge. Where it is a felony charge, missing court attracts a term of imprisonment of not more than five years or a fine of not more than $5000. In certain circumstances, a person may get both punishments. If the charge is a misdemeanor, the maximum sentence is a year, and the fine attached is not more than $1000. A person may also get both punishments in certain circumstances.
Failure to Pay in South Carolina: How It Works
The consequences of going to court over a matter or charge may result in court fines or fees. A person may also get a fine due to a traffic ticket, which may lead to the suspension of the person’s driver’s license. Section 56 of the South Carolina Code of Laws empowers the Department of Motor Vehicles (DMV) to suspend a person’s license and reinstate it when the person pays. In some circumstances, the court may issue a bench warrant for failure to pay. If a person is unable to pay court fines or fees, it is best to get an attorney. A skilled attorney can help to clear the person’s license with the DMV or the courts.
No-Knock Warrant in South Carolina: General Laws
A no-knock warrant is an order that allows law enforcement officers to enter premises by any means and conduct a search without prior warning. It serves to preserve evidence and prevents a suspect from destroying material evidence or taking up arms. Despite the benefits, no-knock warrants create a sense of fear and lean towards violence. Where there are children present, it can heighten anxiety and panic.
Until June 10, 2020, the issuing of no-knock warrants in South Carolina was a lawful practice. However, following the fatal shooting of Breonna Taylor, the South Dakota State Supreme Court Chief Justice passed an order banning no-knock warrants. The temporary ban advised judges to hold off on signing such warrants pending further directives from the state’s judiciary. The Supreme Court acknowledged the dangers executing no-knock warrants might pose to law enforcement and members of the public.
How to Perform a Federal Warrant Search
The U.S. Marshal Service has a Warrant Information System (WIN) that can be used to perform a federal warrant search. However, WIN is not available to the public. Alternatively, a federal warrant search can be conducted at the Federal Bureau of Investigation (FBI) website. Click on the “Most Wanted” menu at the top bar to see a list of people to whom a federal warrant has been issued.
Does South Carolina DMV Check for Warrants?
The South California DMV does not check for warrants. However, the SCDMV will be notified whenever a person gets a traffic-related warrant. Upon notification, the SCDMV will not allow the driver to obtain or renew their driver's license or to register an automobile.
