Constitutional violation??

[pzcs1]

What is the name of your state (only U.S. law)? Pennsylvania


Question 1. When an arrest is made by the execution of a warrant, when does the warrant need to be presented? Also, When do the charges a of the warrant need to be disclosed to the "actor"?

The actor did not see the warrant or hear of the charges until AFTER they were at the Magistrates for arraignment.

Question 2. Can an Officer move anything a the actors desk while executing the arrest warrant, as the actor is being taken into custody and being removed from teh home? IE, moving folders around and turning them over. Does this violate the 4th amendment?

[FlyingRon]

Originally Posted by pzcs1

Question 1. When an arrest is made by the execution of a warrant, when does the warrant need to be presented?

It only needs to exist. Nothing says it needs to be shown prior or coincident to the arrest.

Also, When do the charges a of the warrant need to be disclosed to the "actor"?

Charges? There need not be any charges just an articulation of the probable cause that a crime has been commited. The specific bill of charges is what the arraignment is for.

The actor did not see the warrant or hear of the charges until AFTER they were at the Magistrates for arraignment.

That's why they have it.

Question 2. Can an Officer move anything a the actors desk while executing the arrest warrant, as the actor is being taken into custody and being removed from teh home? IE, moving folders around and turning them over. Does this violate the 4th amendment?

Certainly. If he is arresting someone, items in the control of the arrestee can be searched.

[CdwJava]

Originally Posted by pzcs1

Question 1. When an arrest is made by the execution of a warrant, when does the warrant need to be presented? Also, When do the charges a of the warrant need to be disclosed to the "actor"?

Absent some specifics of PA law to the contrary, you are advised of the charges, generally, when you are booked if not before. The actual warrant is not presented - an abstract of the warrant should be presented at the time of booking, and a copy of all should be made available to the defendant's legal counsel prior to trial through discovery.

The actor did not see the warrant or hear of the charges until AFTER they were at the Magistrates for arraignment.

If taken straight to a magistrate, then that's fine. If he was booked first, an no one ever told him why, then he should ask his attorney if there was a procedural violation. Keep in mind that such a procedural violation would not make him free as it would be a separate issue and he would still have to answer the charges.

Question 2. Can an Officer move anything a the actors desk while executing the arrest warrant, as the actor is being taken into custody and being removed from teh home? IE, moving folders around and turning them over. Does this violate the 4th amendment?

That depends on why the officer was doing it. If the defendant had been at the desk or next to it at the time, then the matter could be considered a search incident to arrest. Otherwise, if there is no evidence used as a result of this search of the desk, it is not likely to be an issue and certainly will not get him a pass on the criminal charges that are pending.

- Carl