In comments, we came across this from Reeeetired:
”Curious Question: I assume a warrant, especially of another jurisdiction, exists on paper, is transmitted via Internet, and is printed wherever the absconder has been located. How is the printed copy, now second or third hand, certified as being correct and valid? Or am I incorrect regarding the method of transmission from one jurisdiction to another?”
Well, I needed some blog fodder. Deep breath; crosses self.
Ok, bear in mind that I have been retired for about five years, so this info is good for the agencies I worked for, during the time I was active.
Not getting too deep into the weeds regarding TLETS/NLETS1 and TCIC/NCIC2 (each State has its own LETS and CIC system, but they all can access the national version), these secure systems are the basis to your question.
When a warrant or writ is issued by a court3 authorizing an arrest, that warrant or writ is delivered to an agency within the jurisdiction of said court that has access to TLETS/NLETS4. The details of the instrument are entered into the telecommunications system, and the actual paper copy is stored in a secure, yet readily accessible location.
So. An officer is out minding his own, runs someone through TLETS, and — surprise! Said someone matches a profile in TCIC that has an instrument authorizing arrest. TLETS will send a TTY5 to the arresting agency stating that there is a possible hit on that subject, and providing the ORI6 of the agency holding the warrant.
The agency conducting the stop will then send a teletype to the agency holding the warrant, asking for a verification. The agency holding the warrant has a mandated ten (10) minutes to provide the verification7, and return a teletype of verification to the arresting agency. This teletype is — in the majority of cases — all that is required to arrest and hold the suspect.
The original paper warrant, writ, or instrument travels as little as possible — usually from the Court to Records; from Records to the arresting officer, then sent back to the originating Court.
As an officer, outside of a bench warrant, I never travelled with an original warrant. They tend to get lost, folded, spindled, mutilated, and otherwise wrecked; and for some reason your average critter seems to believe that if the original warrant is destroyed, the charge goes away8. It only takes one critter looking you in the eye as he tries to swallow the warrant you just handed him for the average young officer to discover the Wisdom of the Elders9.
If I knew that someone had an in-jurisdiction warrant, I’d call Dispatch, ask if the warrant was still good, and if it was — just go snatch the critter. During Intake at the jail, I’d go get the warrant from Dispatch/Records, fill out the return, and either give it back to the clerk, or hand it off to Jail Intake personnel.
That’s the quick-and-dirty on your question. Hope that helps.
Ian
Note that I said “court” and not “magistrate” or “judge” — a court clerk can issue a writ authorizing someone to be arrested. See: Capias.
Not every agency has access; and even if an agency does have access, they can lose said access for a variety of sins. And major pain in the butt that is, I’m here to tell you.
TTY stands for “teletype”. Yes, I’m serious. Kids, ask your parents.
ORiginating agency Identifier
Thus the “secure, yet readily accessible” part.
Hint: It doesn’t. It does, however, tend to make things a little more complicated.
“You’ve got a warrant for [Insert Penal Code Title Here]. Have your lawyer contact the judge about it.”
Current dispatcher, can confirm, though in our jurisdiction except for municipal warrants if a warrant is issued by the court it is initially entered by the court clerk into CCIC/NCIC, then our law enforcement agency is responsible for modifying the warrant to include identifying information, also called “packing” the warrant.
The packed warrant and all records pertaining to it are placed in a file and filed in a file cabinet within reach of the on duty dispatcher.
The original court issued warrant is never removed from the court and the record in the Crime Information Center secure databases is considered a cause to arrest and hold.
The only exceptions to this are municipal warrants, which are brought to dispatch to be entered manually, and overnight/weekend warrants for new offenses that are considered high priority. In that case the application for the arrest warrant is presented to the judge, the judge signs it if appropriate, and then that signed order is given to dispatch and the warrant is manually entered by dispatch. Come the next normal business hours for the court if the warrant has not been served then the court clerk will contact dispatch, we will cancel our entry, and the clerk will re enter the warrant from their side.
Yes it’s convoluted. I have to train people on it every time we get a new employee. You should see the systems we use for this stuff… but you’d have to get a qualifying job at a qualifying agency in order to do so.
Also, misuse of the systems that we have access to can not only lead to loss of access but can result in criminal charges, up to and including felony charges.
This kind of behind the scenes, for most any profession, are fascinating for me. Thanks for these posts and comments.