New Hampshire Warrant Search

A warrant search in New Hampshire is crucial for verifying the presence of active warrants. These warrants can originate from criminal complaints, unfulfilled legal obligations (like unpaid fines or missed court appearances), or violations of standing court orders (e.g., probation conditions).

These checks are primarily conducted through courts and law enforcement agencies. Certain private entities, such as bail bond agencies, may also offer this service.

Warrant checks aid law enforcement in identifying wanted individuals and ensuring compliance with judicial directives. They are also valuable for employment screening, allowing employers to assess if an applicant has unresolved legal issues. Individuals may likewise use these checks to address outstanding warrants before facing arrest or other adverse consequences.

Are Warrants Public Records in New Hampshire

Yes. Warrants issued in New Hampshire are generally public records once filed or executed, as provided under the New Hampshire Right-To-Know Law (RSA 91-A) and Part I, Article 8 of New Hampshire's Constitution (recognized and enforced by judicial policy).

The public's right of access, however, is subject to certain court-ordered or statutory limitations (e.g., RSA 91-A:5). Disclosure may be restricted or denied if it would

• Interfere with enforcement proceedings
• Reveal a confidential source or informant
• Disclose investigative techniques or procedures
• Deprive a person of the right to a fair trial
• Endanger the physical safety or life of an individual
• Constitute an unwarranted privacy invasion

For instance, search warrants are confidential until returned to the court, as premature notice or disclosure could result in the destruction of evidence or the escape of a criminal suspect. Furthermore, pending or denied applications for search or arrest warrants, as well as applications for wiretaps and related orders, are confidential. 

Types of Warrants in New Hampshire

The New Hampshire courts, through judges or magistrates, issue a variety of warrants, most commonly arrest, bench, search, and administrative inspection warrants.

Arrest and bench warrants both authorize an arrest and mandate that the named individual be brought to the justice system for further proceedings. However, their issuance bases (grounds) and procedures differ.

Search and administrative inspection warrants authorize the search of a person or premises to find evidence of criminal activity or regulatory noncompliance. These warrants also sanction the seizure of said evidence—or anyone found possessing it—for presentation in court.

Specifically, administrative inspection warrants, defined and issued under RSA Chapter 595-B, permit government officials to enter and inspect a premises for violations of state law or municipal ordinances (e.g., health, safety, industry, and building codes). While functionally a type of search warrant, they are categorized differently under New Hampshire law but share the same constitutional protections as search warrants.

Once a New Hampshire warrant has fulfilled the purpose for which it was issued, it is deemed "executed." Per the New Hampshire Statutes, executed warrants, along with any inventory or report of actions taken, must be returned to the issuing court.

What is a Search Warrant in New Hampshire?

RSA Chapter 595-A governs the issuance and execution of search warrants in New Hampshire. The law defines a "search warrant" as an official document issued by any justice, associate justice, or special justice of the circuit or superior courts. This document grants law enforcement the authority to search for and seize any property that is

• Contraband
• Stolen, embezzled, or fraudulently acquired
• Designed or intended for use as a means of committing a crime
• Evidence of a crime

According to Part I, Article 19 of the New Hampshire Constitution and the Fourth Amendment of the United States Constitution, search warrants are not issuable without probable cause. Probable cause is established when a reasonable or prudent person would believe that evidence will be found in the location or on the person to be searched, based on a collection of facts, information, or circumstances. It is the duty of the law enforcement official requesting the search warrant, known as the "affiant," to establish these grounds in a sworn written statement, which can be supplemented by sworn oral statements (RSA 595-A:4).

Upon the court's determination of probable cause, a search warrant will be issued to a sheriff, sheriff's deputy, constable, or police officer for execution. New Hampshire search warrants specify whether the search should be authorized for daytime only or at any time of day or night (RSA 595-A:3).

When executing a search warrant in New Hampshire, officers are required to give appropriate notice of their identity, authority, and purpose to the person, or to the person in apparent control of the premises, to be searched (RSA 595-A:2). However, New Hampshire courts can issue "no-knock search warrants," which allows officers to enter a premises without first knocking or announcing their presence.

How Long Does It Take to Get a Search Warrant?

New Hampshire law does not specify a time limit for law enforcement officers to obtain a search warrant, only requiring that probable cause be determined for the warrant's issuance. The timeframe for this review can range from a few hours to several days, depending on a case's complexity and the judge's availability.

However, state law does impose a limit on a search warrant's execution. According to RSA 595-A:7, the warrant must generally be executed and returned to the court within 7 days of its issuance.

What is an Arrest Warrant in New Hampshire?

An arrest warrant in New Hampshire is a formal court order endorsing the arrest of a particular individual alleged to have committed a crime. Such warrants are issued per RSA 594:7 and Rule 3 of the New Hampshire Rules of Criminal Procedure.

Similar to search warrants, the New Hampshire and US Constitutions require a judicial finding of "probable cause" before arrest warrants may be released. Rule 3(a) of the New Hampshire Rules of Criminal Procedure mandates that probable cause be established through a sworn complaint (a signed, written statement) filed with the court. Probable cause for an arrest is defined as the facts or circumstances that would lead a prudent person to believe that a crime has been, is being, or is about to be committed, and that a specific person is responsible for it.

It is worth mentioning bench warrants, which, in practice, function as a type of arrest warrant. However, unlike standard (criminal) arrest warrants, bench warrants are not issued based on probable cause, nor are they tied to criminal investigations. Instead, they arise after a person actively disobeys the court, such as failing to attend a scheduled court hearing, failing to pay a fine assessment, or violating a probation or parole order.

Individuals subject to an active New Hampshire arrest warrant may be taken into custody anytime they encounter police officers—for instance, during a routine traffic stop. However, persons who voluntarily surrender themselves to the authorities may have their proactiveness or cooperation considered by the court when entering a final judgment, depending on the offense's nature and the offender's conduct or history.

Arrest Warrant Lookup in New Hampshire

In New Hampshire, warrant information is maintained by the state's judicial branch and verified through law enforcement agencies, including local police departments, local sheriffs' offices, and the New Hampshire Division of State Police. Therefore, to conduct a New Hampshire arrest warrant lookup, individuals can search for or request records kept by these agencies. 

Agencies usually provide the following options for record inspection:

• Online through a dedicated warrants information webpage or database
• In person during regular business hours

Alternatively, individuals can enlist the help of other parties to search on their behalf—for example, a bail bond agency or an attorney. Private data aggregator vendors may also offer this service to paying customers. 

How to Find Out If You Have a Warrant in New Hampshire

Warrants typically accessible to or sought by members of the public in New Hampshire are arrest and bench warrants. Other warrant types, such as search warrants, administrative inspection warrants, and wiretap/electronic surveillance warrants (RSA Chapter 570-A), are generally not publicly accessible. Search and administrative inspection warrants may become available after execution and return to the issuing court. In contrast, wiretap applications and related materials remain strictly confidential, as required by state and federal law, but might become accessible if introduced into evidence at a trial or other public judicial proceeding.

Furthermore, some arrest warrants may be withheld from public view until after their execution, and juvenile arrest warrants are not confidential under RSA 169-B:35.

Because online databases maintained by courts or law enforcement agencies may not reflect complete or current information, individuals are advised to verify directly with the local law enforcement agency responsible for executing the warrant or maintaining the warrant record. The appropriate police agency generally has jurisdiction over the location of the alleged offense, arrest, or related court case.

However, visiting a police department can result in immediate arrest if a warrant is found. In such cases, parties may choose safer alternatives, such as verifying the warrant through the clerk's office of the issuing court or engaging a third party (e.g., an attorney) to conduct the search on their behalf.

Free Warrant Search in New Hampshire

Free inspection of warrant information is provided under the New Hampshire Judicial Branch's Guidelines for Public Access to Court Records and, where applicable, the New Hampshire Right-To-Know Law. These provisions allow the public to review non-exempt records held by courts and law enforcement agencies without charge. However, standard rates may apply for record duplication, certification, mailing, and sometimes for name searches (unless the requester qualifies for a fee waiver).

Free Warrant Search Through the New Hampshire Courts

To conduct a free warrant search through the New Hampshire Judicial Branch, one can utilize the Case Access Portal, which hosts case records from the state's trial courts (the circuit and superior courts).

Users will need to register or sign in to search the portal. A name or case number is the standard search criterion, and the search results will display a summary of each case, including whether the court issued a warrant for a civil or criminal matter. The portal only provides case summaries for electronically filed cases.

If portal access is not feasible, the inquirer can request case summaries by completing and submitting the appropriate Record Search Request form to the New Hampshire Judicial Branch Administrative Offices, Central Processing Center. The form is specifically for name searches.

Those who possess the case number of the case they require information about can visit or contact the presiding court (i.e., the court that heard the case) directly. The New Hampshire Judicial Branch's Find a Court tool provides the street addresses and contact information for the state's trial courts.

Free Warrant Search Through New Hampshire Law Enforcement Agencies

To conduct a free warrant search through New Hampshire law enforcement, an individual may visit their nearest precinct or the precinct with jurisdiction over the alleged offense or related court case. ID verification is usually required, especially when the requester is the subject of the warrant. However, agencies may withhold warrant information that relates to an active investigation or is otherwise exempt by law.

Nonetheless, warrant records may be available on some law enforcement agency websites. 

How to Find Out If Someone Has A Warrant Online

To ascertain if someone has a warrant online, individuals can check the official website of the police department in the city or town where the arrest or violation occurred. However, public warrant postings in New Hampshire are discretionary and subject to statutory or judicial exemptions. For this reason, not all police departments in the state offer these listings. Moreover, online lists or databases may not reflect current, sealed, or recalled warrants, necessitating direct verification with the issuing court or relevant law enforcement department.

For example, the City of Manchester Police Department maintains a Wanted Persons list that includes each arrest warrant subject's full name, date of birth, sex, and race, as well as the warrant number, issue date and location, current disposition, offense(s), and charge type (whether felony or misdemeanor). Similarly, the Town of Hudson's Police Department publishes a Wanted Person File that carries the subject's name, date of birth, last known address, and offense. The specific content available online varies by jurisdiction.

In addition, the New Hampshire Division of State Police maintains a Warrants database specifically for non-compliant sex offenders and offenders against children. This public registry identifies individuals with active warrants due to their failure to comply with sex offender registration requirements. The database includes each offender's dated photograph, physical description (scars, piercings, height, hair color), and last reported address.

Given that New Hampshire law enforcement agencies maintain independent records, it may be challenging to capture a comprehensive picture of a person's warrant status in the state. In such instances, individuals may turn to warrant search services provided by bail bond agencies or search commercial aggregator websites, which compile records from multiple jurisdictions.

How Long Do Warrants Last in New Hampshire

In New Hampshire, the duration of a warrant depends on its type. Under RSA 595-A:7 and 595-B:4, search and administrative inspection warrants remain valid for 7 days after issuance. However, they can be renewed or extended by the justice, associate justice, or special justice who issued the original warrant.

In contrast, arrest and bench warrants, whether approved for a misdemeanor, felony, or other reason, never expire until their intended purpose is fulfilled. Still, courts retain the authority to recall or quash active warrants. This can happen if probable cause no longer exists, new exculpatory evidence emerges, or a procedural or clerical error is identified.