Also known as:outstanding warrants · active warrant · unexecuted warrant
Written by attorneys · grounded in primary & secondary sources — see below
An arrest warrant that has been issued by a court but remains unexecuted by law enforcement officers.
Sources & Authorities· 3 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Federal Rules
Dictionaries
How it applies
Common Examples
6
Unlawful Stop Leads to Warrant Discovery
Officer Lopez stopped Octavia Okonkwo on a hunch near a suspected drug house. A records check revealed an outstanding warrant for unpaid fines from another county. Lopez arrested Okonkwo and found methamphetamine during a search incident to arrest. The valid warrant supplied an independent basis for the arrest and search.
Database Error and Warrant Arrest
Investigator Ramirez pulled over Otis Olsen after a tip about a shooting. A warrant check returned an active outstanding warrant for Olsen. Ramirez arrested Olsen and recovered a gun and drugs from his truck. The warrant later proved invalid due to a clerical mistake in another jurisdiction.
Herring v. United States555 U.S. 135 (2009)
Jail Intake Search After Warrant Arrest
State trooper Rivera stopped Olivia Owens and her husband for a traffic violation. A database showed an outstanding warrant for missed fine payments. Owens was arrested and taken to the county jail where officers conducted a full intake search including a delousing shower and visual inspection.
FLORENCE v. BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OF BURLINGTON566 U.S. 318, 132 S.Ct. 1510, 182 L.Ed.2d 566 (2012)
Warrant Check During Pedestrian Stop
Officer Patel detained Orlando Okafor on a sidewalk without reasonable suspicion. A routine warrant check disclosed an outstanding bench warrant for a prior citation. Patel arrested Okafor and discovered drug paraphernalia in his pocket during the ensuing search.
Utah v. Strieff136 S. Ct. 2056 (2016), 515
Vehicle Search After Secured Arrest
Detective Hayes arrested Oliver Okeke outside his home on an outstanding warrant for driving with a suspended license. Okeke was handcuffed and placed in a patrol car. Hayes then searched the passenger compartment of Okeke's nearby vehicle and found drug evidence.
Arizona v. Gant556 U.S. 332 (2009)
Parolee Search Based on Warrant Status
Officer Rohleder encountered Odessa Okada walking with her child. Knowing Okada was on parole, Rohleder confirmed an outstanding warrant existed and conducted a suspicionless search of her person. The search revealed a cigarette box containing methamphetamine.
Samson v. California547 U.S. 843 (2006)
Common questions
Frequently Asked
5
Does discovery of an outstanding warrant always attenuate the taint of an unlawful stop?+
No. Courts weigh the officer's culpability, the presence of purposeful or flagrant conduct, and whether the warrant serves as a genuine intervening circumstance. Isolated negligence in a database entry often leads to admission of evidence, but deliberate or systemic misconduct can still require suppression.
When may officers conduct a full search of an arrestee's clothing after an arrest on an outstanding warrant?+
Once a lawful custodial arrest occurs, officers may perform a thorough search of the arrestee's person and clothing without additional justification. The search remains valid even if conducted shortly after the arrest in a nearby location such as a locker room.
Is a vehicle search incident to arrest permitted when the arrestee is secured in a patrol car on an outstanding warrant?+
No. Officers may search the passenger compartment only if the arrestee remains unsecured and able to access the vehicle or if it is reasonable to believe evidence of the offense of arrest will be found inside. An old warrant for a completed offense usually fails both prongs.
Does an outstanding warrant justify an inventory search of an impounded vehicle?+
Yes, when the impoundment follows standardized department policy and the inventory is conducted for administrative purposes such as protecting property and avoiding liability claims. Officers may open closed containers if the policy authorizes it.
Does reliance on a database showing an outstanding warrant shield officers from the exclusionary rule when the warrant is later found invalid?+
It depends on the officers' culpability. Isolated clerical errors by another agency that produce an erroneous warrant entry typically do not justify suppression because exclusion would not meaningfully deter future misconduct.
outstanding warrants
" so large that it faced the "potential for civil liability." The officer's violation was also calculated to procure evidence. His sole reason for stopping Strieff, he acknowledged, was…
outstanding warrants
for Herring's arrest. When she found none, Anderson asked Pope to check with Sharon Morgan, her counterpart in neighboring Dale County. After checking Dale County's computer database,…
. Petitioner responded that there was no
outstanding warrant
and that he "was in good standing with his parole agent." Brief for Petitioner 4. Officer Rohleder confirmed, by radio dispatch, that petitioner was on parole and that he did not have an…
outstanding warrant
in the computer system, the officer arrested petitioner and took him to the Burlington County Detention Center. He was held there for six days and then was transferred to the Essex County…
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