Although the police have the authority to stop and search any person who they suspect of carrying illegal substances or ammunition, and even call an individual in for questioning, legal detention is only allowed in six cases.
- A person is found to possess narcotics or illegal firearms during a routine stop and search operation.
- The police apprehend an individual when he is committing the crime
- A peace officer is witness to a crime and arrests the individual who was responsible for the incident
- A warrant is found against a person during a routine traffic stop or when involved in traffic violation.
- The local court issues a warrant against an individual
- Law enforcement officials have reason to believe that a person will commit a certain crime.
If a detention does not fall in one of these categories, it will be considered illegal by the court and any charges arising as a result of such an arrest will be dismissed.
Given the strict stand that the judiciary takes when upholding the rights of the accused, the police generally seek a warrant unless they have caught a person in the act of committing a crime. For the arrest order, the local criminal court is formally petitioned with a sworn affidavit from the complainant, police or the public prosecutor.
All case related facts are carefully reviewed to ensure that the proof is enough to file a criminal case before the police are given a warrant. An active arrest warrant, as it’s legally called at this point, is a written document that states all facts pertaining to the matter along with the order from the judiciary.
If this arrest directive is not used for any odd reason, it does expire. All pending arrest orders are stored in a national database; the document is legally termed as an outstanding arrest warrant at this stage.
The Floyd County Sherriff’s Department can help you with any inquiries pertaining to arrest records. Their office is located at 214 E 4th St, Marion, Indiana 46953. For non-warrant search related requests you can call them on 765-662-9836 or fax on 765-668-6538. However to search for warrants, you have to visit them in person.
Floyd county registered as many as 17,000 criminal complaints from 1999 to 2008; every year, roughly about 2000 criminal cases are filed against violent as well as property related crimes. At the start of the ten year period mentioned above, the annual crime rate was at just about 300 incidents; however, this figure rose sharply by over 160% to reach nearly 800 annual cases.
The decade long figure for violent crime also includes cases of violent felonies such as murder (over 10 cases) and rapes (over 130 cases). However, at the top of the crimes list are theft and robberies, counted at nearly 13,000 cases in ten years.