Does Arrest Warrant Allow them to enter premise?

[Nickolasj80]

What is the name of your state? TX

If a detective comes to my house with an arrest warrant, does it allow them to enter the house to see if I am inside?
If someone else answers the door, and tells them that I'm not there, do they have to accept that answer, leave and come back another time?

[CdwJava]

Originally Posted by Nickolasj80

What is the name of your state? TX

If a detective comes to my house with an arrest warrant, does it allow them to enter the house to see if I am inside?
If someone else answers the door, and tells them that I'm not there, do they have to accept that answer, leave and come back another time?

Unless TX is out of step with most other states, the police will have a right to search the home for the suspect if they have a reasonable belief to think he is at home. In some states (and TX may be one of them) they do not even need that reasonable belief.

Also, the friend or family member that lies to protect you might land themselves in jail, though I am not familiar enough with TX law to know whether there is an appropriate obstruction charge or not, but I strongly suspect there is.

Are your friends willing to go to jail just to buy you a little time to dodge a warrant?

Are you willing to allow them to go to jail in order to keep your tail free for a few more days? Not much of a friend, if so.

- Carl

[CavemanLawyer]

In Texas, an officer can only make forced entry to execute a felony arrest warrant. They can get someone to open the door and then force their way in or, if necessary, they can kick the door in.

For a misdemeanor arrest warrant they can only enter if someone with apparent authority lets them in. An officer cannot make forced entry on an arrest warrant for a misdemeanor warrant. If a person answers the door and tells the officer that the suspect named in the misdemeanor arrest warrant isn't there, than yes the officer has to take their word for it. The officer cannot enter without permission just based on the warrant. However, if it is determined that the individual lied to hide the suspect than that individual can be charged with hindering apprehension. Also if the officer sees the suspect in the premises or knows he/she is there and commands him/her to exit so that they can be arrested on the warrant, than the individual can arguably be charged with evading arrest for not doing so. I actually successfully prosecuted someone for doing that.

The exception for a misdemeanor arrest warrant is if there are exigent circumstances that evidence will be lost or destroyed. If an officer is executing a misdemeanor arrest warrant and sees that the suspect is running to the bathroom with the drugs he was suspected of having, than it may be permissible for the officer to make a forced entry. But if it was suspected that the suspect would be in possession of evidence than the warrant probably would have been a combination search and arrest warrant, so the officer could have made forced entry anyway.

[Blue Meanie]

Originally Posted by CavemanLawyer

In Texas, an officer can only make forced entry to execute a felony arrest warrant. They can get someone to open the door and then force their way in or, if necessary, they can kick the door in.

For a misdemeanor arrest warrant they can only enter if someone with apparent authority lets them in. An officer cannot make forced entry on an arrest warrant for a misdemeanor warrant.

The exception for a misdemeanor arrest warrant is if there are exigent circumstances that evidence will be lost or destroyed. If an officer is executing a misdemeanor arrest warrant and sees that the suspect is running to the bathroom with the drugs he was suspected of having, than it may be permissible for the officer to make a forced entry. But if it was suspected that the suspect would be in possession of evidence than the warrant probably would have been a combination search and arrest warrant, so the officer could have made forced entry anyway.

Then based on your post and OP other thread...Yes the police most certainly can force their way into your home to arrest the OP!!

[url]http://forum.freeadvice.com/showthread.php?p=1940675#post1940675[/url]

[outonbail]

Nickolasj80, you need help with your addiction. It is out of control and has brought you to the point of breaking the law by impersonating a doctor and calling in phony prescriptions.

It is obvious by this post, that you don't want that help at this point in your life. Continuing to feed your addiction will only lead to more crime, more warrants more time behind bars and the loss of support from family and friends. It seems as if your already asking family members to lie to the police for you, which places them in jeopardy of arrest themselves.

Don't wait until you have nothing and no one. Get help immediately!

You will have to do it sooner or later,,, or you will die a lonely, broke soul.

[Blue Meanie]

Originally Posted by outonbail

Nickolasj80, you need help with your addiction. It is out of control and has brought you to the point of breaking the law by impersonating a doctor and calling in phony prescriptions.

It is obvious by this post, that you don't want that help at this point in your life. Continuing to feed your addiction will only lead to more crime, more warrants more time behind bars and the loss of support from family and friends. It seems as if your already asking family members to lie to the police for you, which places them in jeopardy of arrest themselves.

Don't wait until you have nothing and no one. Get help immediately!

You will have to do it sooner or later,,, or you will die a lonely, broke soul.

This works.


[url]http://naabt.org/education/buprenorphine_treatment.cfm?gclid=CL7d55ed2JMCFReenAodWmbRZQ[/url]

[seniorjudge]

Does Arrest Warrant Allow them to enter premise?



You are living inside a logical argument?

By the way folks, this is a double post.