State of Connecticut State Marshal Commission Manual
Section 3: Capias Warrants
Definitions
A capias or capias mittimus is a civil arrest warrant issued by the court ordering a proper officer to take an individual into custody for violating a court order or for failing to appear in court after receiving a summons to appear, a subpoena, or a citation. Most commonly, capias warrants are issued by a family support magistrate in the context of a child support matter where the individual has failed to appear for a hearing. Note that the subject in these matters is not being arrested for the failure to pay his or her child support, rather the warrant is issued based on his or her failure to appear in court when summoned.
Authority
Capias warrants can be executed by state marshals, constables (within his or her town or city), special policemen appointed by the Commissioner of Social Services, and judicial marshals (if in the judicial marshal’s custody or inside the courthouse). Note that indifferent persons are not authorized to execute capias warrants. Also note that, when executing a capias warrant, a state marshal is not limited to his or her county of appointment and is authorized to execute the warrant anywhere in Connecticut.
Capias Unit
There is a special unit of state marshals called the Capias Unit. To become a member of the Capias Unit, a state marshal must complete specialized training on arrests, the use of physical force, and civil liability. See Use of Force Policy Section of this manual. State marshals who are members of the Capias Unit and have received law enforcement training are best suited to do capias work. If a state marshal wishes to join the Capias Unit, he or she must contact the State Marshal Commission office.
State marshals who are not on the Capias Unit may not utilize use of force equipment (firearms, batons, pepper spray, or handcuffs) while executing a capias warrant. Accordingly, a non-Capias Unit marshal may execute a capias warrant only where the subject of the capias warrant voluntarily cooperates with the execution of the warrant and no actions are needed to execute the warrant beyond the service of the warrant and the consensual actions of the subject.
Firearms
Under the Commission’s Use of Force Policy, a state marshal must receive authorization from the Commission to carry a firearm while conducting his or her official duties. See Use of Force Policy section of this manual. To obtain this authorization, the marshal must follow certain procedures including passing a psychological examination by a licensed psychiatrist or psychologist, obtaining a State of Connecticut firearms permit and a firearm inspection by a qualified individual, and obtaining specialized training. Only marshals who are both on the Capias Unit and who have obtained firearms authorization from the Commission may carry a firearm while executing a capias warrant. If a member of the Capias Unit would like to carry a firearm while executing capias warrants, he or she must contact the Commission to initiate the process.
Manner
While an individual or attorney in the private sector may retain a state marshal to execute a capias warrant, the vast majority of capias warrants executed by state marshals consist of capiases issued by family support magistrates in child support matters. In these matters, the state marshal will obtain the capias warrant directly from a local Child Support Enforcement office of the Department of Social Services. Note that generally the court will issue a capias warrant only where the subject failed to appear after being served in-hand with a summons or subpoena.
Support Enforcement Services Procedure: The Support Enforcement Services (SES) division of the Judicial Branch has issued a Capias Mittimus Policy and Procedural Guide, provided at the end of this section. State marshals must read and follow these procedures when executing warrants on behalf of SES.
Law Enforcement Notification: It is important that, prior to the execution of a capias warrant, the state marshal notify local law enforcement that a capias arrest may be occurring in their jurisdiction. This assures that assistance will be readily available if needed. It also minimizes the potential for confusion by law enforcement as to the state marshal’s authority and actions. Contact information for Connecticut State Police can be found on the Department of Emergency Services and Public Protection website.
Custody: The State Marshal Commission strongly advises that a state marshal execute capias warrants with at least one other marshal. After identifying the subject of a capias warrant, the marshal will execute the capias by physically taking the person into custody. A state marshal should make a limited, protective search of the arrested subject for weapons that pose a risk to the marshal or to court or correctional facility personnel at the location where the subject is brought. The marshal may utilize handcuffs only if the marshal is a member of the Capias Unit. The court, or family support magistrate, will set an appearance bond upon the issuance of the capias warrant. An arrestee may be released from custody by the proper authorities if the bond is posted. State marshals do not handle the bond work, but may inform the arrestee and/or his or her family members of the bond terms.
Once the state marshal takes the arrestee into custody and secures him or her in a transport vehicle (if applicable), the marshal must transport the arrestee to the proper authority. The capias warrant will contain a description of where an arrestee should be taken under given circumstances. Generally, if the relevant courthouse is open and operational, the arrestee should be brought directly to the lock-up facility of the court that issued the capias warrant. Upon arrival, the marshal will transfer custody to the judicial marshals at the facility. If possible, the state marshal should avoid bringing the arrestee to a courthouse lock-up facility close to 5:00 p.m., as judges, clerks, and judicial marshals may not be available to handle the transfer. If the courthouse is not open, or the lock-up facility lacks sufficient space, the state marshal must transport the arrestee to a community correctional center within the relevant judicial district, or if none, to the nearest community correctional center. The arresting marshal must remain at the courthouse or correctional facility until the arrestee has been properly transferred.
In situations where a private capias warrant is issued without a bond, such as in small claims matters, the state marshal may be asked to stay with the arrestee in the courtroom until the court proceedings occur rather than transferring custody to judicial marshals. There are also some juvenile courthouses where judicial marshals are not on duty where the state marshal may be asked to stay with the arrested individual in the courtroom until the court proceedings occur.
Courthouse Protocol: A state marshal must review and abide by the Judicial Branch’s rules concerning courthouse protocol including but not limited to those rules concerning access, security screening, identification, and weapons. The Judicial Branch has issued a summary of its policies.
Use of Private Vehicles: State marshals who use their own private motor vehicles for support enforcement capias work have special indemnity liability coverage under statute. See General Statutes § 6-30a. The law provides that the state will cover for financial loss and expenses arising out of claims, demands, or suits against the state marshal for personal injury, or injury to property by, or as a result of the actions of, any person lawfully taken into custody and transported in the private vehicle. This coverage is only available if no judgment is entered against the state marshal for a malicious, wanton, or willful act.
Constitutional Issues
Execution of a civil capias warrant is a form of arrest or seizure which gives rise to both United States and Connecticut Constitutional concerns. The Fourth Amendment to the United States Constitution protects against unreasonable searches and seizures. There is a similar provision in the Connecticut Constitution. Due to these concerns, a state marshal must take considerable care when arresting a subject, particularly when doing so in the subject’s residence. A state marshal must obtain consent to enter a residence to take someone into custody under a capias warrant. A minor cannot give this consent.
It is critically important that any marshal executing a capias warrant read the Attorney General’s Formal Opinion 2012-003, circulated via Administrative Bulletin 12-07, included at the end of this section. The opinion covers several constitutional issues, including the necessity of obtaining consent prior to entering a residence and the prohibition on entering a third party’s residence while executing a warrant. In addition, it concludes that, while state marshals may pose investigative questions to third parties while attempting to execute a capias, those individuals do not have to answer these questions and the marshal cannot detain these third parties.
Note that the authority to execute capias warrants is civil. The State Marshal Commission does not authorize state marshals to enforce criminal laws.
Immunity: As state officials, state marshals are generally protected by qualified immunity which shields government officials from liability for conduct taken within the scope of their official duties. Whether an official qualifies for immunity is evaluated by the court using a reasonableness standard. An official is entitled to immunity if (1) his or her actions did not violate a clearly established constitutional right; or (2) the official was objectively reasonable in believing in the lawfulness of his or her actions even if the official violated a clearly established constitutional right. Connecticut ex rel. Blumenthal v. Crotty, 346 F.3d 84, 101-02 (2nd Cir. 2003). Note that state marshals are not immune from liability for wanton, reckless, or malicious acts.
Returns
A state marshal must file a return on the execution of a capias warrant. The return must be prepared in a timely fashion so that the court has the return when the arrestee appears in court, which can be within hours or days of the arrest, depending on whether a weekend is involved. Generally with SES capias warrants, the state marshal will file his or her return and his or her invoice simultaneously at the courthouse. Refer to the SES Capias Processing Procedures manual at the end of this Section.
Fees
SES Capias Warrants: The Chief Court Administrator sets the fees paid for execution of capias warrants on behalf of the Judicial Branch in child support matters. Currently, state marshals are paid a flat fee of $240 per marshal (and up to $480 for two marshals) per capias warrant executed. If the marshal executes the capias warrant at a secured facility, the fee is set at a flat fee of $150, for one marshal only. To receive payment from the Judicial Branch for executing a capias warrant, the state marshal must submit an invoice form to the Accounts Payable Division of the Judicial Branch with “capias” noted at the bottom of the form.
Private Capias Warrants: There is no statutory fee set for the execution of private capias warrants. A state marshal may charge a reasonable fee. Such fees should be set between the state marshal and his or her client prior to executing the capias warrant, preferably in writing. Those fees set by the Chief Court Administrator would be considered reasonable for the execution of a private capias.
Major Statutes:
There are many statutes/regulations that touch on capias warrants. The state marshal should always check with his or her client, attorney (if applicable), and the statutes if he or she has any questions about a particular capias warrant.
These statutes are available in the Statutes section of the Connecticut General Assembly website Opens in a new window.
The following reference list is not exhaustive and sets forth only the most important and commonly used statutes covering capias warrants:
52-143 Capias warrants issued for failure of witnesses to appear after served with subpoena.
52-400b Capias warrants issued for failure to comply with discovery, turnover or protection orders.
1-3b Subpoena enforcement by Superior Court.
52-56 (d) State marshals can execute a capias warrant anywhere in Connecticut. Note option of proper officer executing a clear and accurate copy of a capias warrant.
6-30a (b) State indemnification when state marshal executes a support enforcement capias warrant using his or her private motor vehicle.
6-38a (b) Right of entry on private property for state marshals in performance of execution. But see Milner v Duncklee, 460 F. Supp. 2nd 360 (D. Conn. 2006) (outlining specific Fourth Amendment rights during residential arrests under capias warrants).
6-32 General duties of state marshal regarding serving and executing civil process.
29-1g Child Support Enforcement special policemen for capias warrants.
46b-231 (m) (1) (7) Family support magistrates authority to issue capias warrants in child support matters.
46b-215 (a) (8) (C) Support obligations/spousal and child support/capias warrants.
17b-745 (a) (8) Persons supported by state/support payment orders/capias warrants
52-50 General civil service of process statute.
52-53 Special deputation – may be utilized in extraordinary circumstances only.
Execution of capias warrants may not be delegated to a non-marshal.
2-46 Capias warrants issued by General Assembly.
4-151 Capias warrants issued by Claims Commissioner.
54-2a Criminal capias warrants. Note, state marshals are not empowered to execute criminal capias warrants and are only empowered to execute civil capias warrants.
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