North Dakota Warrants: Types, Searches, and What to Expect

A legal document, known as a warrant, is a document a court issues to authorize police enforcement to take action against an individual to take them into custody, search them or their property, or compel a court appearance or court testimony.

Warrants allow the officer to engage in actions where designated law enforcement has probable cause and a judicial authority agrees to the action or law enforcement engaged in it. Every state allows warrants as part of its law, in addition to other law enforcement actions and statutes, even North Dakota, even though warrants are used by law enforcement all over the country.

What Is a Warrant in North Dakota?

In North Dakota, a warrant is a judicial directive that empowers law enforcement to act. Warrants may:

• Authorize the arrest of an individual accused of a crime.
• Permit the search and seizure of property tied to an investigation.
• Compel the appearance of someone who has disobeyed a court order.

Warrants are issued by judges or magistrates in the state’s District Courts and Municipal Courts, depending on case type. The governing laws are found in the North Dakota Century Code (NDCC) and the North Dakota Rules of Criminal Procedure.

Types of Warrants in North Dakota

Several warrant types are recognized in North Dakota:

1. Arrest Warrants

This is a legal document known as an arrest warrant that gives a law enforcement official the right to make an arrest and place a person under arrest. After a sworn complaint proves probable cause to believe the person committed a crime, a judge or magistrate issues it. This provides law enforcement with the right to make an arrest, especially if the offense was not committed in front of the officer.

2. Bench Warrants

A bench warrant is a kind of arrest warrant that is issued "from the bench" by a judge when someone disobeys a court order. It is an essential instrument for the court to carry out its mandate. It compels someone who has neglected to appear in court for a scheduled hearing, pay a fine, or adhere to the conditions of their probation or bail to appear in court.

3. Search Warrants

A search warrant is a court order that gives police the authority to search a certain area (such as a house or car) and take specific objects as proof of a crime. A court must be supplied with an affidavit proving probable cause that the things would be found in that particular location to grant a search warrant. Search warrants help defend against arbitrary searches and seizures in accordance with the Fourth Amendment.

4. Civil Warrants

Civil warrants are used in non-criminal conflicts such as small claims, debt collection, and landlord-tenant disputes. They may result in judgments, liens, or garnishments and usually require court appearances.

5. Fugitive or Out-of-State Warrants

If a person wanted elsewhere is located in North Dakota, a fugitive warrant authorizes detention pending extradition. North Dakota can also issue warrants requesting the return of individuals wanted here.

How to Search for Warrants in North Dakota

North Dakota does not operate a single statewide warrant database, but warrant information is accessible through various official resources:

1. North Dakota Supreme Court: Public Access Portal: This platform provides online case records for District Courts. Warrants tied to active cases may appear here.
2. County Sheriff’s Offices: Sheriffs manage warrant divisions. Larger counties, such as Cass (Fargo) and Burleigh (Bismarck), often provide warrant lists or allow inquiries.
3. Clerk of Court Offices: District Court clerks keep case files that can contain information on warrants.
4. Municipal Courts: These courts handle warrants for misdemeanors and city ordinance violations. Inquiries can be made through municipal clerks or police departments.
5. North Dakota Bureau of Criminal Investigation (BCI): The North Dakota Bureau of Criminal Investigation (BCI) maintains criminal history records, but detailed warrant information is restricted to law enforcement.
6. Third-Party Background Check Services: Some private sites display warrant data, but confirmation must come from official agencies.

The identity, charges, issuing court, case number, kind of warrant, and terms of bail are usually included in warrant records.

Warrant Records in Major North Dakota Counties and Cities

Since North Dakota operates under a county-based judicial system, access varies:

• Fargo (Cass County): The Cass County Sheriff’s Office maintains warrant information, while District Court clerks provide related case records.
• Bismarck (Burleigh County): The Burleigh County Sheriff’s Office manages warrants, and the District Court oversees case files.
• Grand Forks (Grand Forks County): The Grand Forks Sheriff’s Office and District Court handle warrant inquiries.

Other counties, such as Ward (Minot), Williams (Williston), and Stark (Dickinson), also maintain warrant records through sheriffs and courts.

What Happens After a Warrant Is Issued in North Dakota?

The consequences depend on the type of warrant:

• Arrest Warrants: Police may detain the person at any time. After booking, the individual appears before a judge for arraignment, where bail may be determined.
• Bench Warrants: Failure to appear or disobey court orders usually results in immediate arrest and possible fines or jail.
• Search Warrants: Officers must execute searches within 10 days and may only seize items described in the warrant. Evidence obtained may be used in a trial.
• Civil Warrants: These typically summon individuals to court. Ignoring them can result in default judgments, liens, or wage garnishments.

Resolving a warrant in North Dakota often requires:

• Appearing voluntarily in court.
• Retaining an attorney to negotiate surrender or bail.
• Paying overdue fines or complying with outstanding court orders.

Arrests may occur during traffic stops, job interviews, or airport security checks if a warrant is not addressed.

How Long Does a Warrant Stay Active in North Dakota?

In North Dakota, most warrants remain valid until resolved:

• Arrest and bench warrants do not expire. They stay active until served or recalled by the court.
• Search warrants expire within 10 days of issuance. They must be reissued if not executed.
• Civil warrants remain active until the case is resolved or dismissed.

Arrests may occur during traffic stops, job interviews, or airport security checks if a warrant is not addressed. Since arrest and bench warrants never lapse, even decades-old warrants in North Dakota remain enforceable.

Warrants are an important part of the North Dakota legal system. Warrants can carry grave ramifications, such as bench warrants for individuals who do not appear for a scheduled court session or arrest warrants for individuals charged with a crime or civil warrants when a person is evicted or owes money to someone or some entity in North Dakota.

North Dakotans can research warrants online through local police department databases, county sheriff databases, and databases maintained by the court clerks. Arrest warrants authorized in North Dakota do not expire and perpetuate in some form until they are addressed in court.

If you think you may have a warrant against you, please make sure to contact the issuing court or an attorney as soon as possible to mitigate or avoid the possibility of an unexpected unwanted arrest or outcome.