Oregon Warrant Search

Are Warrants Public Record in Oregon?

Yes, warrants are public records in Oregon. The Oregon Public Records Law allows law enforcement agencies in the state to release or disseminate warrants to the public upon request. However, there are times when warrants can be confidential or completely destroyed alongside a person’s Oregon criminal records. For example, when the charges against a person for whom a warrant was issued were discharged or dismissed, the record of such warrant will be destroyed. Also, expunged criminal records (including warrant information) are confidential.

What is Considered a Warrant in Oregon?

A warrant is a legal justification under which law enforcement officers may carry out certain actions that are otherwise illegal. In Oregon, judges and magistrates have the sole authority to issue warrants. Judges and magistrates may issue warrants for various reasons and to serve different purposes. The common instances where they issue warrants are when persons commit criminal offenses, owe certain fines to the court, or are in contempt of court. Law enforcement officers then use these warrants to either place suspects in jail, search persons and properties, or bring suspects to court.

A judge or magistrate must look at the circumstances of the scenario to determine what kind of warrant is applicable. Also, law enforcement officers must show probable cause before the judge or magistrate signs a warrant. Probable cause means that there is enough evidence to support the belief that the suspected person committed the crime in question. The Fourth Amendment already protects the rights of citizens from unreasonable searches and seizures. So, any unauthorized action by a law enforcement officer may give grounds for liability.

How to Find Out if You Have a Warrant in Oregon?

If an individual suspects an outstanding warrant, it means that a judge may have signed a document allowing the police to arrest or bring the person to court. The only way to know for sure is to carry out an Oregon warrant search through any of the following ways:

• Online court records
• County-level search
• Law enforcement agencies
• Background check
• Speaking to an attorney
• Third-Party sites

Under the Public Records and Public Meeting Laws, individuals in Oregon are at liberty to access, obtain, and examine public records. Interested persons may search through online court records to find outstanding warrant information. Some County Sheriffs also provide outstanding warrant information online. Some of these counties are Multnomah County, Washington County, Clackamas County, and Lane County. Interested persons may also inquire at the physical Sheriff's offices in the various counties.

Contacting law enforcement agencies is another way to carry out an Oregon warrant search. Individuals may approach the Identification Services Unit of the Oregon State Police to carry out a warrant search. The department deals with inquiries pertaining to crime data checks and makes public records available online. Alternatively, an interested person may contact the Background Check Unit of the Oregon Department of Human Services at P.O. Box 14870, Salem, OR 97309. A phone call ((503) 378-5470) or email (bcu.info@state.or.us ).

Persons carrying out an Oregon warrant search may elect to speak to an attorney. An attorney has access to various databases within the legal and police system and may provide verifiable information concerning warrants. There are also third-party sites that offer warrant searches and offer other information about a person at a fee. Most of these offer anonymity and provide reliable information.

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 Oregon?

Generally, warrants do not expire. If a judge or magistrate issues a warrant, it stays active until law enforcement apprehends the person named in the warrant or if the person surrenders. A person may get a warrant for a myriad of reasons, like missing court or an unpaid traffic ticket. These instances can lead to a person getting arrested without warning. If the police pull a person over for any reason and find out that the person has a warrant, that officer has the right to arrest the person and impound the vehicle.

It is advised that persons who have a warrant do not drive and, if possible, speak to an attorney to sort the situation out. Appearing before the court or judge in person will show good faith and prevent the embarrassment of getting arrested by law enforcement authorities during routine stops. Individuals may confirm whether they have a warrant or not by conducting an Oregon warrant search. Interested persons may inquire in person or online, though at a cost.

How Long Does It Take to Get a Warrant in Oregon?

Warrant issuance can take days or less than 5 minutes depending on the evidence at hand and probable cause. The length of time to get a warrant may also depend on whether the case is an emergency, or if a judge is immediately available to sign it.

How Do Search Warrants Work in Oregon?

A search warrant is a type of judicial order from a judge or magistrate that allows law enforcement officers to search a location and seize anything that is evidence of a crime. The purpose of a search warrant is to inform the owner of the premises that the police have the right to search the property. Under the Oregon Revised Statutes, only a Judge has the authority to issue a warrant. Before a judge signs a search warrant, a District Attorney, police officer, or special agent must make an application to that effect. The application must contain the following:

• A proposed warrant
• One or more affidavits stating probable cause
• An oral statement where the affiant cannot produce a written testimony

A Judge may issue a search warrant where there is sufficient probable cause and may deny the application where the law enforcement officer cannot prove it. The search warrant contains the following information:

• Date and name of the officer that the Judge addresses it to
• The identity of the Judge issuing it
• Name of the person that the warrant authorizes officers to search
• The object of the search or item sought for
• Expiration window of the warrant

Only a police officer has the authority to execute a search warrant but may go with other persons that will aid the successful execution of the warrant. Before executing the warrant, the officer must read out the warrant and give a copy to the person named in the warrant.

How Does an Oregon Search Warrant Become Invalid?

Under 133.565 of the Oregon Revised Statutes, the law expects the police to execute a search warrant within five days from the date of issue. However, a judge may extend the time limit to not more than ten days. An officer must execute the warrant within the days stated in the warrant, or it becomes invalid. Where the officer does not execute the warrant, such an officer must return the warrant to the issuing Judge. Other circumstances that can make a search warrant invalid include:

• Lack of probable cause
• Incorrect information contained in the affidavit
• Where the witness is not a reliable one

How to Conduct an Active Warrant Search in Oregon

Eligible individuals can conduct active warrant searches using the Law Enforcement Data Systems (LEDS) provided by the Oregon Criminal Justice Information Services (CJIS). Access to LEDS is limited to law enforcement government agencies like criminal justice agencies and qualified non-criminal justice agencies.

Alternatively, an active warrant search can be done at the Oregon Department of Corrections (DOC). The DOC has a “Most Wanted” list where record seekers can see individuals for whom a warrant has been issued. A click on the images will provide more information about the individuals. Requesters would be able to retrieve information like the name of the wanted person, charges, date of birth, sex, hair and eye color, race, age, mugshot, height, weight, place of birth, Oregon SID, FBI number, agency case number, potential location, and details. Requesters can visit Oregon County Sheriff's Office websites to find a more comprehensive list of the most wanted individuals in the state.

Free Warrant Search Options in Oregon

Most Oregon County Sheriff's Offices allow access to warrant information online, by phone, or in person. For example, the Clackamas County Sheriff's Office has a Warrant Check tool that can be used to search for warrants for free. Requesters are to provide a name in the search box available on the website to see a list of wanted subjects with the search name. When a search query is submitted, the wanted subject’s full name, date of birth, sex, charges, issued date, and bail amount will appear. Individuals can also use the Warrant Cases search tool to find warrant information of individuals in the county. Phone requests can be made by calling (503) 722-6691 or (503) 785-5200, the warrant information of a subject will be provided for free. In-person requests can be made by visiting the Sheriff’s Office and requesting to inspect warrant information. Inspection is usually free. The Office is located at:

Clackamas County Sheriff's Office
9101 SE Sunnybrook Blvd.
Clackamas, OR 97015
Phone: (503) 785-5000
Fax: (503) 785-5190

Arrest Warrant in Oregon: Rules of Procedure

An arrest warrant is a document signed by a judge authorizing law enforcement officers to take a person accused of a crime into custody. Under 133.120, a Judge or Magistrate may issue a warrant of arrest in Oregon, depending on the territory. A magistrate may only issue warrants for crimes that occur within the territorial jurisdiction of the Magistrate Court, while Judges may issue warrants that apply to the whole state. An arrest warrant must meet the following requirements:

• It must be in writing.
• The warrant must state the name of the person it seeks to arrest. Where the Judge or magistrate does not know the name of the person, an alias or description will suffice.
• It must state the nature of the crime
• It must contain the date and county of the issue
• The Judge or Magistrate must issue an arrest warrant in the name of the State of Oregon or city of issue.
• It must also state the amount of security for the release

Oregon Child Support Arrest Warrants: What You Need to Know

A Child Support Arrest Warrant is a warrant that orders law enforcement agencies to bring in a defaulting parent before the court. A judge may issue a Child Support Arrest Warrant where such a parent is in contempt of court for disobeying a court order and failing to appear. The Oregon Department of Justice has a Division of Child Support that helps custodial parents enforce child support orders. Chapter 25 of the Oregon Revised Statutes requires parents to pay child support. Where a parent fails to keep their obligation, the Division of Child Support may take out the following actions against the parent:

• Place a lien on the parent’s property, making it impossible to sell the property until the parent clears the child support debt.
• Suspend the US passport of the defaulting parent
• Suspend the driver’s and occupational license of that parent
• Submitting the name of the parent to credit reporting agencies
• Imposing a jail sentence for contempt of court due to the refusal to pay child support

Oregon Bench Warrants: Issuing and Arrests

A bench warrant is an order that a judge issues from the bench to give law enforcement officers the power to arrest a person that failed to show up in court. Bench warrants under the Oregon Revised Statutes often arise where a person had appeared before a court on a particular matter before but failed to comply with subsequent court dates. A Judge may issue a bench warrant in the following circumstances:

• Failure of a defendant to appear in court on a court date
• Where a person fails to pay a court fine when due
• If a person disobeys a court order
• Where a grand jury indicts a person

In Oregon, valid bench warrants must take a specific format. To get rid of a bench warrant, it is advised that the affected person makes a personal appearance in court or gets an attorney to do so. If the authorities did not enter the bench warrant into the National Crime Information Center database, it might serve as a ground to get the warrant dismissed.

Failure to Appear in Oregon: Rules and Consequences

In Oregon, missing a court date is a serious offense called Failure to Appear (FTA) under the Oregon Revised Statutes. Failure to Appear may occur in the following circumstances:

• Where a person summoned to jury duty fails to show up
• If a witness ignores a subpoena to appear at a hearing or trial
• Where a defendant fails to show up in court regarding a matter

A Judge may issue a bench warrant on a person who fails to show up in court. The law regards such a person as a fugitive, and law enforcement officers have the authority to bring such a person in.

How Long Do You Have to Stay in Jail for a Warrant for Missing Court in Oregon?

Failure to Appear (FTA) is an offense that may occur in the first or second degree. Section 162.205 of the Oregon Revised Statutes regards Failure to Appear in the first degree as a Class C Felony. First-degree FTA applies to circumstances where a person misses court dates in a matter relating to a felony charge. It attracts a potential prison sentence of up to five years and a $125,000 fine. Under Section 162.195, FTA in the second degree is a Class A misdemeanor. It attracts a sentence of up to a year in jail or a maximum fine of $6250.

In Oregon, What is Failure to Pay?

In Oregon, a judge or magistrate may order a person involved in a lawsuit to pay fines or court costs. Under Section 161.685 of the Oregon Revised Statutes, where the court sentences a defendant to pay a fine and the defendant defaults, it is an offense called Failure to Pay. The court may issue a warrant of arrest to bring such a person before the court to tender an explanation. If the defaults constitute contempt of court, the court may impose sanctions under ORS 33.105. Where there is no contempt, the court may allow the person more time to pay or allow the person to pay in installments.

Failure to Pay may attract jail time in certain circumstances. Under Section 809.515 of the Oregon Revised Statutes, the Department of Transportation may also suspend the driving privileges of a person who failed to appear, pay a court fine, or comply with a court order. The suspension may last for ten years or till the person complies with the court order, whichever is shorter.

No-Knock Warrant in Oregon: General Laws

It is standard procedure for law enforcement officers to announce their presence before entering a person’s premises. However, in certain circumstances, officers may seek no-knock warrants that will give the legal authority for officers to enter a person’s premises under the element of surprise. These are situations where stealth is important to protect the lives of officers and others present and to prevent a suspect from destroying evidence or fleeing. Following the death of Breonna Taylor in 2020, no-knock warrants are no longer permitted in Oregon. At Congress, the Justice For Breonna Taylor Act was introduced in 2020 and was read twice but did not receive a vote.

How to Perform a Federal Warrant Search

Below are the options for performing a federal warrant search in Oregon:

• Via the request records or information links provided by the US Department of Justice (DOJ).
• By making a request to the US federal courts.
• Via the Warrant Information System (WIN) tool provided by the U.S. Marshal Service.
• Via the “Most Wanted” page provided by the Federal Bureau of Investigation.

Does Oregon DMV Check for Warrants?

Yes. Most times, a person’s warrant information comes up when they apply for a new driver’s license or renew with the Oregon DMV. The department may also receive notifications when a person has a traffic-related warrant. The person will likely have their license suspended because of an outstanding warrant.