Montana active warrants are sought by the police when an offender has to be taken into custody but arrests would not be considered valid unless cops have a judicial directive in hand. This happens in cases when a suspect has to be picked up from any area that is not a public place or if the crime he is being accused of is not commissioned in front of a police officer.
Typically, this requirement for an arrest stands when the crime is a misdemeanor that was not witnessed by a law enforcement agent and when the police need to enter the home of the accused or any property owned by third parties. On the other hand, arrests can be made freely without waiting for an active warrant in case of offenses that have been committed in view of a police officer.
It is also the norm to seek active warrants in matters where there is not enough information to bring the suspect in immediately or shortly after the offense has been commissioned. For example, when the police have a description of the accused but not his name or address or when they do know who has committed the infraction but cannot find him at his usual hangouts
The requirement of probable cause for the issue of active warrants in MT
Active warrants can only be issued on the basis of reasonable belief that the crime in question was commissioned by a certain individual. Although the police can use hearsay evidence in part or whole to support the assumption on culpability harbored by them, the proof has to be enough to convince any person with a reasonable mind of this fact along with the magistrate.
It should be clearly understood that the appointment of the sitting judge as the authority who can sanction active warrants from Montana is made in the capacity of an impartial third party. Although there is no burden of proving the crime at this stage, the magistrate will ensure that clear probable cause emerges when one studies the evidence against the accused before signing on the dotted lines and putting the detention order into effect.
The liberties granted to police officers working under active warrants
Officers of law who are acting under a court issued arrest directive can enter the home or the office of the accused to take him into custody. Privately owned areas are also accessible to cops but they will need to have a search warrant when they do not have the express permission of the owner of the said premise to enter the structure or when the request to enter is denied.
The court will usually release the search order with relative ease and on the same documentation once an arrest warrant has been granted. Arrests can also be made owing to or during routine traffic stops or in any public place. The accused can be detained at day or night and active warrants will hold their power even years after they have been issued.
How can one find information on Montana active warrants?
Some law enforcement agencies that are currently providing information on MT active warrants through the most wanted lists on their websites include:
- DEA: https://www.dea.gov/fugitives/den/den_div_list.shtml
- DOC: http://cor.mt.gov/Portals/104/transfer/Most_Wanted_Absconders_Escapees.pdf
- Gallatin County: http://gallatincomt.virtualtownhall.net/Public_Documents/index
- City of Great Falls: https://greatfallsmt.net/police/most-wanted-0
- Flathead County: https://apps.flathead.mt.gov/warrants/warrants_list.php
- Helena City: http://www.helenamt.gov/municipal-court/arrest-warrant-list.html
However, even if you were to closely scrutinize all most wanted lists, the exercise could not replace a warrant search since you may or may not find the name of your subject in them. Not all offenders are included in the most wanted category. Generally, the list will only have names of the more serious or habitual criminals. Yet, it cannot be denied that the web pages listed above are a good starting point for any investigation into arrest records.