Pursuant to Oregon Revised Statutes 133.055, arrest warrants are issued in response to complaints filed with judicial entities. The complaint has to be made in writing with a court and it must contain information on the criminal act and how the accused was involved in it. This affidavit is generally filed by the police but civilians can also make the complaint on which the active warrant is based.
In cases that merit the issue of a citation in lieu of a warrant, a summons will be issued ordering the alleged offender to appear in court. If this directive is disobeyed, an arrest warrant will be quickly issued to command the arrest of the alleged offender. , whether they pertain to search or seizure, are issued on the basis of probable cause. The magistrate has to be convinced of the culpability of a suspect before an active warrant is granted against this person.
Who issues arrest warrants in Oregon?
ORS 133.120 and 133.030 state that judges of the supreme court, judges of intermediate appellate courts,judges of county courts, judges of circuit courts, justices of peace and municipal judges can all issue warrants. However, only in the rarest of circumstances will the higher level tribunals be approached for warrants.
In fact, the only time these judicial entities will involve themselves in the process of warrant issue is if it is found through the course of an appeal that the lower courts erred by not ordering the detention of a certain individual. While the judiciary has been held in charge of warrant issue, it is the police that furnish the information which eventually leads to the release of these legal directives.
After all, local law enforcement is the only agency that has complete details on a criminal occurrence hence it is understandable why they present the probable cause affidavit before the court. Whether a warrant is granted or not depends entirely on the amount and weight of the information presented in the writ. If the details, including information on evidence and witness testimony, are enough to show that there is a strong likelihood of the accused having committed the crime, the magistrate will sign the active warrant.
Where can you find information on Oregon active warrants?
There are a plethora of ways to acquire details on warrants issued in the state of OR. The simplest of them is to check out the most wanted list posted on the website of the state Department of Corrections. Available at http://www.doc.state.or.us/DOC/INSPEC/most_wanted.shtml, this list has information on all criminals in Oregon who have outstanding warrants to their name.
Some of the county sheriffs' offices that also offer the facility for a warrant search include:
- Jefferson County: http://www.co.jefferson.or.us/sheriff/News/ActiveWarrants/tabid/1352/language/en-US/Default.aspx .
- Klamath County: http://www.co.klamath.or.us/CommunityCorrections/wanted.htm )
- Malheur County: http://corrections.malheurco.org/
- Benton County: http://www.co.benton.or.us/sheriff/community/mostwanted.php.
- Clackamas County: http://www.clackamas.us/safetyapp/warrants/
To find outstanding warrants issued in cases pertaining to traffic violations, you can visit the website of the Department of Motor Vehicle at http://www.oregon.gov/ODOT/DMV/pages/driverid/index.aspx. It is also possible to launch an OR warrant search through the state judiciary. For this, you will have to approach the office of the clerk of court in your area or the magistrate's court. A statewide inquiry can be initiated through Oregon Juridical Information Network (OJIN) website at http://www.ojd.state.or.us/ojin/SubApp.nsf/Application?OpenForm.
The site has information on civil, criminal and family court dockets. However, the set up alone will cost you $295 plus you will have to pay $10/month to keep your membership valid. A simple search tool has been offered on the site which can be used to look up cases through the name of the defendant/litigant or the judicial number designated to the matter. You can also get in touch with the court administrator's office for this information at:
The Supreme Court Building1163 State StreetSalem OR 97301-2563