Legal Considerations of Failing to Cancel Warrant

The NCIC and CIB computerized wanted person files are designed to locate wanted subjects for law enforcement agencies. These files are not to serve as a “tracking” or “investigative” system. An area of increasing concern is the civil liability of law enforcement agencies when taking actions based on the information obtained from a computerized law enforcement data file. Agencies must ensure that wanted person entries are immediately removed from the computerized files to avoid the possibility of hits on “stale” information.

File entries in the CIB and NCIC Wanted Person File must be immediately cancelled when the entering agency determines that:

1.  the person has been taken into custody for the entered record;

2.  the person is no longer wanted or will not be prosecuted for the offense;

3.  the warrant is withdrawn or invalidated

4.  the warrant has been served upon the wanted subject

5.  the entering agency will not travel to pick-up the individual, or

6.  a decision has been reached not to extradite the person from another state.