South Carolina Warrants: Types, Searches, and What to Expect

A warrant is a court order that authorizes law enforcement to take specific actions, such as arresting an individual, searching a location for evidence, or seizing property.

What Is a Warrant in South Carolina?

In South Carolina, a warrant is a legal order that allows law enforcement to take a specific action. Warrants can:

• Authorize the arrest of someone who is suspected of committing a crime.
• Authorize the search and seizure of property related to an investigation.
• Require someone to appear in court if they have failed to comply with a court order.

Magistrates or judges can issue warrants from different courts in the state, such as: Magistrate Courts, Municipal Courts, General Sessions Courts, and Family Courts. A warrant will be issued by a magistrate or judge after reviewing an affidavit which demonstrates probable cause. A warrant must clearly state who will be arrested or where the search will occur..

Types of Warrants in South Carolina

South Carolina recognizes several categories of warrants:

1. Arrest Warrants

An arrest warrant authorizes law enforcement to arrest a specific person suspected of committing a crime.

2. Bench Warrants

This type of warrant is issued when a person fails to appear in court on their scheduled date. It authorizes law enforcement to arrest the individual and bring them before the court.

3. Search Warrants

A search warrant permits law enforcement to search a specific location for evidence related to a crime. A search warrant is granted as long as there is a good reason to believe that a crime has occurred and that evidence can be found at the location.

4. Fugitive or Out-of-State Warrants

If a person wanted in another state is located in South Carolina, a fugitive warrant allows for their detention while waiting for extradition. South Carolina can also issue warrants to request that other states return individuals who committed crimes in the state.

How to Search for Warrants in South Carolina

South Carolina does not have a single statewide database for warrants. However, you can find warrant information through different official sources:

1. South Carolina Judicial Branch Public Index: This site provides online case records for Circuit and Magistrate Courts. You might find warrants related to criminal cases here.
2. County Sheriff’s Offices: Each sheriff maintains a warrant division. Larger counties such as Richland (Columbia), Charleston, and Greenville usually offer tools for looking up warrants or public inquiry services.
3. Clerk of Court Offices: You can obtain information about active warrants by visiting your local Clerk of Court Offices.
4. Municipal Courts: These courts deal with misdemeanor and ordinance-related warrants. You can get information related to a warrant from municipal clerks or police departments.
5. South Carolina Law Enforcement Division (SLED): This division maintains statewide criminal records. However, information about specific warrants is mostly limited to law enforcement officers.
6. Third-Party Background Check Services: There are third-party online background check providers that also include warrant details in their search results. However, it is always best to obtain warrant information from courts or law enforcement offices.

Warrant Records in Major South Carolina Counties and Cities

In South Carolina, warrant searches and enforcement are handled at the county level:

• Columbia (Richland County):Richland County Sheriff’s Department maintains information related to warrants in the county. Interested individuals may visit the Sheriff's Department to access records. Residents may also obtain case information from the county's Clerk of Court and the Judicial Branch Public Index.
• Charleston (Charleston County): You can obtain information related to warrants from the Charleston County Sheriff’s Office and the local Circuit Court.
• Greenville (Greenville County): Greenville County Sheriff’s Office maintains information related to warrants in the county. Interested individuals may visit the Sheriff's Department to access records.

What Happens After a Warrant Is Issued in South Carolina?

The outcome depends on the warrant type:

• Arrest Warrants:When an arrest warrant is issued, law enforcement has the power to arrest and hold the person named in the warrant. After they are booked, the defendant will appear before a judge for arraignment, and bail might be set.
• Bench Warrants:Once arrested, the individual will be brought before a judge, who will decide what penalties they will face.
• Search Warrants:In South Carolina, a search warrant must be executed within 10 days of its issuance.
• Civil Warrants:These typically require people to appear in court. Failing to comply with a civil warrant can result in default judgments, wage garnishments, or liens.

Resolving a warrant in South Carolina generally involves:

• Voluntarily appearing in court.
• Retaining an attorney to arrange surrender or negotiate bail.
• Paying overdue fines or complying with court requirements.

How Long Does a Warrant Stay Active in South Carolina?

In South Carolina, warrants generally remain in effect until they are formally resolved. An arrest warrant or bench warrant does not expire, and it continues to stay active until it is served (executed) or withdrawn by the court. A civil warrant, however, remains in effect until the underlying case has been resolved or dismissed. Search warrants expire in ten (10) days if not executed, and a new search warrant must be issued for a search once that period has expired.

A warrant may be quashed if improperly issued, can be recalled if the individual fulfills all outstanding obligations, or can be cleared if executed or otherwise resolved before the court.

Warrants play a crucial role in South Carolina’s legal system. They ensure that law enforcement operates within the limits of the state's rules of criminal procedure. Failing to address an outstanding warrant in South Carolina can result in severe consequences. If you believe you may have an active warrant, you can contact an attorney or the court that issued the warrant. This can help avoid any unexpected arrests or penalties.

Residents of the state can look up warrants through the Judicial Branch Public Index, county sheriffs, and clerks of court. It is essential to note that most warrants in South Carolina do not have an expiration date and must be resolved through the court.