New Mexico Warrant Search

A New Mexico warrant search provides requesters with information about all the active warrants issued within the state’s boundaries. A warrant search may be conducted for a variety of reasons. One is that it allows individuals and law enforcement agencies to identify and apprehend individuals who may threaten public safety. Additionally, a warrant search contributes to the background searches conducted by employers, which is essential to enable them to make informed decisions based on the criminal record or history of the individual.

In New Mexico, requesters can conduct a warrant search by visiting the New Mexico Courts website or contacting their local law enforcement agency, which is the City Police Department or Sheriff’s Office. Also, requesters may visit the courthouse in the relevant jurisdiction to request and view the active warrants, as some individuals have warrants issued against them for failing to appear in court or other legal matters. Alternatively, an independent third-party service may be utilized to conduct a warrant search.

What is a Warrant?

A warrant is a writ that authorizes a law enforcement official to make an arrest, conduct a search, or seize property. Warrants are typically granted by legal personnel, such as a judge or magistrate. They grant law enforcement officials the authority to perform an act normally considered illegal or a breach of individual rights, such as searching private areas like homes and offices. A warrant also provides the executor of the writ immunity and protection from damages when the act is carried out.

Warrants are founded on the principles enshrined in both the Fourth Amendment of the U.S. Constitution and the New Mexico Constitution, safeguarding individuals against unjust searches and seizures. A judge or magistrate cannot issue warrants without probable cause, and they must be supported by oath or testimony. The most popular kinds of warrants in New Mexico are search, arrest, and bench warrants.

Are Warrants Public Records in New Mexico?

Yes, warrants are considered public records in New Mexico. This is in accordance with the New Mexico Inspection of Public Records Act (IPRA), a law granting public access to public records, including warrants within the State, with some exceptions as permitted by the law. These exceptions include warrants containing sensitive personal information, such as social security numbers. Also, according to rule 8-207H(4) of the New Mexico Rules Annotated, warrants may be sealed by the judge if there is the likelihood that filing it may cause a public and law enforcement safety issue.

How Do I Look Up Warrants in New Mexico?

Requesters can look up warrants in New Mexico by utilizing independent or third-party websites. These platforms typically request only the subject's first and last name and the specific county within which the search should be conducted. While these sites are often free to use, a fee may be required for a more extensive search.

What is a Search Warrant in New Mexico?

According to rule 8-207 of the New Mexico Rules of Procedure for the Municipal Courts, a search warrant is a written order issued by the court that authorizes law enforcement officers to search and seize any property that:

• Was acquired or is held in a way that violates a municipal law
• Was created for or used in breaking a municipal law
• Would serve as important evidence in the arrest or prosecution of an individual guilty of committing a crime

A search warrant also permits the search and seizure of individuals so long as their arrest is based on probable cause. Probable cause means facts that make a reasonable officer believe a crime has happened, is happening, or is going to happen and that the person to be arrested did it.

Are Search Warrants Public Records in New Mexico?

Search warrants are typically public in New Mexico since they are considered public records. However, search warrants and supporting affidavits or testimony are kept confidential until they are executed.

How Long Does it Take to Get a Search Warrant in New Mexico?

The time it takes to obtain a search warrant in New Mexico is not specified by law and can vary depending on several factors, including the case's complexity, the availability of the judge, and the situation's urgency.

When a search warrant is made, the judge may ask the law enforcement officer to appear in person, over the phone, or via a video call. During this time, the affidavit is examined, and they and any witnesses they present are questioned. If the judge finds sufficient probable cause after the examination and questioning, they may issue the search warrant relatively quickly. However, the process may take longer if there are issues with the affidavit or if the judge requires additional information or clarification.

How Long Does a Search Warrant Last?

A search warrant must be executed 10 days from the date it was issued, after which it becomes void (rule 8-207(D)). Search warrants are also mandated by law to be conducted between 6:00 a.m. and 10:00 p.m., according to local time. The judge may also permit the search to occur at any time of the day if there is a reasonable cause (rule 8-207(B)).

What is a Bench Warrant in New Mexico?

Bench warrants are issued by the judge from the bench and permit law enforcement agencies to arrest individuals for offenses such as missing their court dates, non-compliance with court orders, or failure to pay fines and fees. These warrants compel the subject to either appear in court or fulfill their obligations. Bench warrants differ from arrest and search warrants as they are not always issued based on probable cause. As rule 8-206(A) of the New Mexico Rules of Procedure for the Municipal Courts says, a judge may only require a sworn written statement of probable cause in situations where they do not have personal knowledge of the failure of the individual to comply with the court order.

What is an Arrest Warrant in New Mexico?

In New Mexico, an arrest warrant permits law enforcement officers to arrest an individual perceived to have committed a criminal offense. It typically contains information such as the arrestee’s name, details of the alleged offense, and instructions for law enforcement on how and where to execute the arrest. It is based on probable cause, which means there must be sufficient evidence to believe that the individual named in the warrant committed the crime. Once an arrest warrant is issued, the officers are expected to apprehend the individual named in it and bring them before the court to face charges without any unnecessary delay (rule 8-205(A)).

How to Check if You Have a Warrant in New Mexico

Individuals interested in conducting a warrant lookup in New Mexico can take any of the following steps outlined below:

• Contact Local Law Enforcement: Searches for warrants can be conducted in person or by phone at the local Police Department or Sheriff's Office in the jurisdiction where the warrant was issued. For example, individuals can call the Santa Fe County Sheriff's Office Warrants Division at 505 986-2491 to retrieve warrant information.
• Contact the Court: Requesters can visit or call the Municipal or District Court in the jurisdiction where they believe the warrant may have been issued to request their warrant records. For example, individuals who think there may be an outstanding bench warrant in their names can contact the Rio Rancho Municipal Court at (505) 891-5999 for information. Court clerks may be able to assist in checking for any active warrants in a person’s name or provide information on how to access warrant records.

Can You Check Warrants Online in New Mexico?

Law enforcement agencies in New Mexico provide databases or search tools for checking warrants online. For example, warrants can be looked up online at some County Sheriff’s Office websites. The Bernalillo County Sheriff's Office provides a warrant search feature, which requesters can search by name, warrant type, and warrant year.

How To Find Out If You Have a Warrant for Free

Below states how a person can find out if they have warrants for free:

• Enter a first and last name, or any other relevant details, into the search parameters provided within the warrants search tool on the respective County Sheriff's or State Court's official website.
• Visit the court where the warrant was issued
• Call the law enforcement agency that executed the warrant

How to Find Out if Someone Has a Warrant Online For Free in New Mexico

Warrant searches in New Mexico can be conducted free of charge by searching the online database of law enforcement agencies or courts within the State. For example, the New Mexico Courts Case Lookup feature allows searching arrest warrant information by providing the subject's name, date of birth, or case number. There are typically no limitations because warrants are considered public records in New Mexico, so they can be easily accessed, except they have been declared confidential by law.

How Long Does a Warrant Stay Active in New Mexico?

The duration of the existence of warrants varies in New Mexico, depending on the type of warrant issued and the circumstances of the case. Search warrants expire once the search has been conducted or if they are not used within the stipulated 10-day timeframe, although they can be renewed upon another request. However, arrest and bench warrants do not expire until they are executed, the subjects die, or if the issuing court rescinds them.

How Do I Find Out If I Have a Federal Warrant?

Federal warrants stored in the Warrant Information System (WIN) managed by the U.S. Marshals Service are inaccessible to the general public. Therefore, individuals with federal warrants may be unaware until they are executed, which involves law enforcement officials, such as Marshals, showing up at their residence or workplace.

One way for individuals to find out if they have an active federal warrant is to talk to a federal criminal defense lawyer, as they will likely have access to such information. While federal warrant databases are generally not accessible to the public, periodic checks can be made on official government websites or databases for any updates or notices related to federal warrants. For example, the U.S. Marshals Service and the Federal Bureau of Investigation (FBI) publish warrant information on wanted individuals or fugitives on their websites.