Amendment Number Four in the Bill of Rights of the U.S. Constitution states, " The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrant shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
Magistrates are a part of the judicial branch of government and are required to exercise independent judgment in the issuance of arrest warrants. The United States Supreme Court has determined that persons issuing warrants must be "neutral and detached" from the law enforcement function.
JURISDICTION OF THE WALKER COUNTY WARRANT MAGISTRATE'S OFFICE IS AS FOLLOWS:
- Misdemeanors - Offenses occurring outside each municipality city limits.
- Felonies - Offenses that occur in Walker County.
- Traffic - Offenses that occur in Walker County. (Most often a traffic citation given by a State Trooper or County Deputy)
- Worthless Checks - All Checks received in Walker County.
HOW TO OBTAIN A WARRANT:
A police report must first be made on all felony and misdemeanor offenses. All felony offenses will require an investigation by the police agency having jurisdiction. The victim must fill out a deposition before being put under oath to testify to the circumstances of the offense. A probable cause determination will be made after testimony is taken. If probable cause is found, an arrest warrant will be issued. There is no cost involved in this process. You must call to make an appointment for misdemeanor offenses. Please call 205-384-7268 to make an appointment after you have made your report to the sheriff's office.
Please make careful consideration before you have someone arrested as we do not drop charges except in extenuating circumstances and you may be required to pay costs of court. An arrest warrant is NOT a matter of public record until it is served. If someone suspects that a warrant has been issued against him, he must appear in person at the Walker County Sheriff's Office, 2001 2nd Avenue, Jasper, Alabama 35501, (205) 302-6464.
Please visit the Walker County Sheriff's Website to download the necessary forms needed to pursue your matter with the clerk's office.