The definition of active warrants in the state is given by the Michigan Compiled Law 764.ld as a judicial detention order directed at police officers from across the nation. These arrest decrees are issued at the behest of the local law enforcement agency and they clearly state that the person in whose name the warrant has been issued should be committed to police custody till such time that he can be brought before the judiciary.
Contrary to popular assumption, this does not give the sheriff's office the authority to detain a person indefinitely; the arrestee has to be presented in court for a bail hearing within 48 hours of being apprehended. Also, through this period when this individual is incarcerated at a county or municipal facility, he is still covered by the Miranda rights. This means that he does not have to give any statement that will be held against him in the court of law.
Although the police cannot use any means of force to extract a statement or a confession from the accused, peace officers do have the authority to take any action required to nab a person with a warrant to his name; this includes but is not limited to entering a private property, asking a civilian to help in physically restraining the accused and pursuing an offender outside county and state limits.
When is an active warrant issued in Michigan?
Active warrants are only issued when the police can prove probable cause in front of the sitting magistrate of a tribunal with criminal jurisdiction. The evidence collected has to be presented before the judiciary in the form of an affidavit. If the information available at this point is considered inadequate, witnesses may be called into testify under oath.
The operative part of this explanation is the judiciary's role in ascertaining that there is probable cause to hold the person in question responsible for a criminal transgression. A warrant will usually only be issued when the act committed can be deemed a felony and it occurred in the absence of a police officer.
If such an incident takes place in the presence of a law enforcement agent or in open view of the public the alleged offender can be taken into custody without waiting for the magistrate to issue a warrant against him. The same also holds true in case of felonies that have been committed in plain view of law enforcement agents or the public.
The difference here is that an arrest can also be made when a police officer has probable cause to believe that a person was responsible for a felony or is bound to commit such an act in the near future. In case of minor misdemeanors, which are not punishable by a term of more than 90 days, the arresting officer may issue an appearance ticket which is akin to a summons instead of approaching the court for a warrant.
Looking for active warrants in Michigan
To find arrest warrants issued in the state of Michigan online, it would be most appropriate to use the ICHAT service offered by the Crime and Justice Information Service (CJIS) division of the Michigan State police. The Internet Criminal History Access Tool can be used by visiting http://apps.michigan.gov/ichat/home.aspx. This is a name based inquiry and the results of the search will bring back information on the active and outstanding warrants against the subject, charges filed, conviction, incarceration and more. The applicant will have to incur a charge of $10 per search.
Alternatively, it is also possible to find information on active warrants in Michigan through the official website of the state judiciary which offers online access to the court docket database. To use this feature of the site go to
http://courts.mi.gov/opinions_orders/case_search/pages/default.aspx. In terms of local arrest warrant records, only one police department in the state offers information on active arrest orders through their website at http://cityofnegaunee.com/.