Because the court of the magistrate is the only agency in the judicial makeup with the authority to issue active warrants, it is only fair that applicants interested in a Mississippi County arrest warrant search should approach this agency first. When framing the criminal code of MO, a judicious effort was made to ensure that arrests do not stand in violation of the Fourth Amendment
With this aim, a judicial entity was put in charge of issuing arrest warrants instead of the police. So, the way the issue process works is this- the sheriff's department seeks the active warrant from the court by filing a petition with the office of the magistrate or the clerk of court. This affidavit is used for the establishment of probable clause.
It is left up to the magistrate to rule on the adequacy of the evidence. It is well within the powers of the judge to ask the police to bring in the victim or the witnesses to depose under oath. The purpose of this exercise to ensure that a powerful instrument like an arrest warrant is not needlessly issued. Also, since outstanding warrants from Mississippi County can last forever, it is crucial to ascertain that they are being released against the right guy.
Information on the issue of active warrants and the arrests that occur under the provisions of such orders is kept by the office of the magistrate along with that of the police. Another agency that participates in the process of issuing arrest warrants in an indirect sense is the office of the clerk of court. This agency is charged with keeping the court dockets, so they maintain their presence in the court room since the pre-warrant hearing. These departments work out of:
- The Police: 200 W Commercial St, Charleston, Missouri 63834
- The court: 200 N Main St, Charleston, MO 63834
- The clerk of court: PO Box 304, Charleston, Missouri 63834
The police receive over 360 criminal cases in Mississippi County, Missouri every year and over 20% of these complaints are lodged against violent crime. This figure is higher than that of most other geographical divisions of the state. To add to it, there was a rise of 30% plus in the incidents of this crime category.