Oregon Court Records
Oregon Warrant Search
An Oregon warrant search is a process by which members of the public can find active writs on an individual or property. In Oregon, warrants are issued by a judge or magistrate to law enforcement to authorize an arrest, the search of a property, or the payment of a fine. These documents absolve law enforcement officers of civil or criminal liability following its execution.
Individuals may have warrants issued against them for various reasons. This may include failing to appear in court on the scheduled day or being suspected of criminal involvement. After probable cause is sufficiently established, law enforcement petitions the district's judiciary for a warrant.
Typically, an Oregon warrant search will provide the active writs on the subject. These documents usually feature:
- The subject's name
- Current and past addresses
- Recent changes in the subject's appearance
- Information about body piercings or tattoos
- Charge or reason for the warrant
- Date of issuance
- Location of the offense
- Name of the law enforcement agency and officer in charge.
Inquirers may perform a warrant search through the Oregon State Police or contact the Oregon State Judicial Department, local law enforcement, and the county sheriff's office in the district where the subject is resident. An Oregon warrant search can also be performed via independent sources and third-party repositories.
Are Warrants Public Records in Oregon?
Yes. In Oregon, warrants are public documents. This means that the general public has unrestricted access to them, except for exempt files, which might only be accessed by the subjects of the records, their legal representatives, or persons bearing a court order.
According to ORS 192.345 to ORS 192.355 of the Oregon Revised Statutes, arrest records kept under criminal records are only exempt from disclosure if doing so would interfere with the ongoing investigation. The same principle applies to active warrants; otherwise, the nondisclosure of these records only applies if they are sealed or expunged.
Types of Warrants in Oregon
In Oregon, different warrants are issued to law enforcement depending on the circumstance. The primary types of warrants are as follows:
- Arrest Warrant: A court or magistrate can order someone to be arrested if they are suspected of committing a crime (ORS 135.280). These orders are issued as arrest warrants. The warrant is usually issued when law enforcement presents proof or a written affidavit proving reasonable cause that the person has committed a crime. It authorizes the alleged offender to be apprehended, detained, and/or questioned pending a court hearing.
- Search Warrant: A judge or magistrate issues a search warrant to authorize law enforcement to search a particular area for evidence of a crime. When there is reasonable suspicion of a crime or evidence of it, at the designated location, a search warrant is issued. While upholding the Fourth Amendment's prohibition on arbitrary searches and seizures, it permits law enforcement to conduct evidentiary searches and seizures.
- Bench Warrant: A judge will issue a bench warrant when someone disobeys a court order or doesn't show up in court as directed. It permits the police to detain the person and present them in court.
- Probation Violation Warrant: These are issued when someone on probation violates the conditions of their probation. Usually, probation officers or law enforcement give evidence of these violations, following which the warrant is issued. It permits the probationer's arrest to address the infraction in court.
- Civil Warrant: A civil warrant may be issued for various non-criminal offenses, such as disobeying a court order in a civil lawsuit. It is issued in a bid to enforce a civil judgment or court order. It gives law enforcement the go-ahead to seize or reclaim property, freeze assets and uphold court decisions in civil cases.
What is a Search Warrant in Oregon?
An Oregon search warrant is a document, otherwise known as a court order, issued by a judge or magistrate, giving law enforcement permission to search and/or seize a person, place, or item suspected of criminal involvement. Its provisions are outlined in the Oregon Revised Statutes under ORS 133.525 to ORS 133.703.
Whereas a search warrant issued by a Supreme Court or a Court of Appeals judge can be executed anywhere in the state, a circuit court's warrant can only be executed within its judicial district. Similarly, a municipal judge's warrant can only be executed within its municipality, and a justice of the peace's warrant can only be executed within the county where the court of justice is located. Nonetheless, a few circumstances exist when a warrant may be executed outside of a circuit court's purview, including:
- When the search is related to crimes like identity theft, computer crimes, credit card fraud, forgeries, etc., and the victim was 65 years of age or older when the crime was committed.
- When financial documents comprise the items to be searched.
- When the individual requesting the search warrant cannot determine the appropriate trial location for the charge at the time of the request.
According to the United States Constitution's Fourth Amendment (which protects against unauthorized searches and seizures of persons), Oregonians cannot be searched without a warrant. The following circumstances may result in the issuance of a search warrant for a person, location, or item:
- When and where there is proof that someone has committed a crime;
- Whenever and wherever illegal goods, contraband, or the results of criminal activity are in the subject's possession;
- When a property has verifiably been used to commit or conceal a criminal offense.
Usually, only peace officers or the police are authorized to execute search warrants at the exact time specified by the warrant. However, additional parties may also be involved in the execution of a warrant if necessary; these parties may include, but are not restricted to:
- Officers of civil enforcement;
- Officers from law enforcement agencies besides the police;
- Personnel of an animal care organization or county shelter;
- Workers in the utility industry;
- Employees of federal, state, or municipal regulatory organizations;
- Providers of victim services.
How Long Does It Take to Get a Search Warrant?
In Oregon, there is no set time limit for obtaining a search warrant; instead, it is contingent upon the time required to confirm the information provided in the application. According to the Oregon Revised Statutes ORS 133.555, upon receiving an application for a search warrant, the judge thoroughly reviews the information provided by the affiant, the applicant, and any additional witnesses. Once the facts are comprehensively confirmed as accurate, the judge grants an oral permit to the district attorney, police officer, or special agent in charge to sign their name on a duplicate original warrant. Before filing the original copy, the judge ensures the date and hour of issuance are included and signed.
What is an Arrest Warrant in Oregon?
An Oregon arrest warrant is a legal document issued to law enforcement authorizing the apprehension and prosecution of a person suspected of committing a crime.
In Oregon, a peace officer must present sufficient evidence to establish the subject's guilt of the offense to get an arrest warrant. Any magistrate may issue a warrant for an arrest for a crime committed within the magistrate's court's territorial authority, and any Supreme Court judge or the Court of Appeals may issue a warrant for an arrest for any offense committed or triable within the state.
The substance and format of an arrest warrant are as follows, per Oregon Revised Statutes ORS 133.140:
- It must be in writing;
- The person to be arrested must be named specifically, or if the name is unknown, the individual must be identified by any name or description that allows for a reasonable assurance of identity;
- It must specify the type of offense committed;
- It needs to include the issuance date and the county or city;
- It must be issued in the name of the State of Oregon or the city in which it was issued, signed by the magistrate with the jurisdiction to issue warrants for the alleged crime, and bearing the title of that office;
- It must direct that the person for whom the warrant is issued be arrested by any peace officer, parole and probation officer, or county community corrections agency and brought before the magistrate who issued the warrant or, if the magistrate is not present or unable to act, the closest or most accessible magistrate in the same county;
- It must state that, provided the issuing court has authorized a request for such exceptional authorization, the arresting officer may enter locations where they have reason to think the person to be arrested is present without first notifying the suspect of their authority or intent;
- It must state how much security is required before release and how much caution may be required in accosting the individual or approaching the property (where applicable).
Arrest Warrant Lookup in Oregon
Oregon arrest warrants and other criminal history data are preserved in a central repository maintained by the Oregon State Police's Criminal Justice Information Services Division. Interested persons can apply online for arrest warrant information or to perform an arrest warrant lookup.
In addition, local courts and police agencies in various counties and cities around the state maintain records of arrests. After determining which particular agency has the relevant record, members of the public are free to obtain these records from these sources by contacting them directly.
Here are a few examples of where and how to lookup arrest warrants in Oregon Counties:
- In Multnomah County, individuals can get warrant information by contacting the county courts at 971-274-0545.
- By contacting 503-722-6691 or 503-785-5200 or utilizing the search tool on its official website, inquirers in Clackamas County can look up arrest warrant records.
- On its official website, the Eugene Municipal Court offers a name-based search function that allows users to lookup warrants and arrest records online.
How to Find Out If You Have a Warrant in Oregon
Inquirers may conduct a warrant search by contacting the issuing court or the law enforcement agency within their county of residence. A personal warrant search can be carried out by contacting the concerned agency via phone/fax, online, via email, or in person, depending on the dissemination policy that governs them.
For example, the Oregon Police Department's Criminal Justice Information Services (CJIS) Division has a central criminal records repository where anyone interested can check their criminal history. This search costs $33.00 to process and is based on fingerprints. Those who are interested can email email@example.com for further information.
By presenting a government-issued ID to Police Records, inquirers can verify their wanted status at the Eugene Police Department. However, it is impossible to obtain an individual's wanted status over the phone or give it to another person. In-person queries are made at:
Eugene Police Department
300 Country Club Road
Eugene, OR 97401
Free Warrant Search in Oregon
To find out if a warrant is in effect, Oregonians and other interested parties can contact the concerned court or law enforcement agency in person, via mail, or online. The subject's first name or a case number is typically required to facilitate a warrant search. However, in Oregon, there is usually no cost associated with obtaining warrant information from official sources.
How to Find Out If Someone Has a Warrant Online
In Oregon, most municipal courts and sheriff's offices offer online tools for looking up warrant information. These resources are usually free and can be used with the subject's first or last name. In some cases, additional parameters, like a birth year or court case number, may be required to narrow search results further.
An independent or third-party website may also be used to perform an Oregon warrant search. However, users will be charged to obtain specific information from these repositories. Although the cost varies for each website, using a third-party site allows users to search across multiple counties and cities, including those outside of Oregon. Like official government websites, most independent service providers require a full name to process a warrant search.
How Long Do Warrants Last in Oregon?
Depending on the kind of warrant issued, its validity may vary.
An arrest warrant usually stays in effect until the subject is located and arraigned before the court. The warrant will be active indefinitely if the suspect is not located.
Conversely, search warrants in Oregon are active for a shorter period. Law enforcement officials are permitted to search a specified area for evidence under the terms of this warrant. It will stay in effect until the police officer follows through on the directive or until the predetermined window of time—typically 5 to 10 days—has passed.
When someone misses a court appearance, a judge may issue a bench warrant for their arrest. This warrant will stay in effect until the subject shows up in court or is taken into custody. Ultimately, most warrants in Oregon will not expire until they are executed or withdrawn by the court. If an outstanding warrant is not addressed, there may be severe repercussions, including arrest, fines, or jail time.