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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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Old 08-23-2005, 07:59 AM
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Falsely Arrested?


What is the name of your state?Colorado
A Officer came to my house and told me he had a warrant for my arrest for bribing a witness and took me to jail. When we got there I overheard them saying the warrant was never active. Is this arrest legal?
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Old 08-23-2005, 08:02 AM
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Good question. Now how about you ask the judge since we have no idea what the warrant says or if or when it was issued.
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Old 08-23-2005, 08:05 AM
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Quote:
Originally Posted by aquadolphin1968
A Officer came to my house and told me he had a warrant for my arrest for bribing a witness and took me to jail. When we got there I overheard them saying the warrant was never active. Is this arrest legal?
If the officer had the actual signed, original warrant in hand when he arrested you, or he had direct personal knowledge that a warrant was issued, Yes, the arrest is legal.

A warrant is refered to being "active" as being entered into the state or national warrant database. The fact that a warrant had yet to be entered in the computer doesn't mean that it isn't legally valid. A warrant becomes valid the minute a Judge signs it.
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