No-Show Search Warrant

What is the name of your state? FLORIDA

During the early morning hours, county sheriff deputies knocked on our door, stating that they had a high-risk felony warrant for a former tenant who had vacated the residence 2 months earlier. The former tenant's last name was the same as mine, but my fiance and I have never met the guy. (Our landlord states that he is white, and we are black.) The sheriff stated that they ran a check on my car tag and the last name matched the guy's. We also learned that the car that the guy drove is parked across (several houses down) the street at a house, backed in with no tag. The police claimed that it was there because of "limited parking" which is untrue (we live in a duplex, and house beside us is vacant, and we are in the process of moving into it). My fiance told them that we did not know the guy. They stated that the warrant they had allowed them to search our residence. My fiance hesitated, but let them in. I was asleep in our bedroom (the door was open). My fiance instinctively stood at the door (still open) blocking the sheriffs from fully seeing me, and asked that they let him awake me to get dressed. One of the sheriff's became aggressive, and told him "No." My fiance asked to see the warrant, and he stated that they had it, but didn't have it with them. When the sheriff made another aggressive attempt to push past my fiance, he blocked him again. There was a small scuffle and my fiance was arrested for "pushing" the sheriff. Was this a legal search, and what are our legal rights? (Upon waking, I gave them all the information that I knew about the former tenant, and the landlord's contact info as well.)

[CdwJava]

It sounds legal given the information provided. However, there may be nuances of FL law that an attorney might have to look at ... for instance, does a FL arrest warrant grant law enforcement right to enter the suspect's last known residence without a seperate search warrant? Did they do enough to verify his presence? It sounds to me like there was at least some reasonable belief he could still be there given what you have written.

Your fiance needs to consult an attorney for his own charges, and that attorney can then evaluate what the legalities are.

In general, if we are serving a high-risk warrant, we are NOT going allow door's shut for any purpose - even to provide you with a little privacy ... it's too risky. Yoyr fiance likely had no legal right to obstruct the deputies in the service of the warrant so the arrest may well be perfectly lawful under the circumstances.

He should consult an attorney.

- Carl

Thank you for such a quick response--This is a FANTASTIC site!
We will be getting a lawyer (basically, we have no choice), but out of curiosity...My fiance states that before letting the sheriffs in, he explained to them that we had just moved there, we were still getting this guy's mail (which is how we knew the guy's full name), and gave them the landlords' contact info. He said that the "aggressive" sheriff stated that the guy's car (they didn't check any further than the matching last names) was parked in our driveway (indicating that my car was the guy's car); my fiance told him that was my car and gave him my full name. When the sheriff mentioned the (guy's) car down the street, my fiance told him that he did not know anything about the car our who lived there. The sheriff continued badgering him/insisting on coming in. They did not tell him what kind of search warrant they had, only that they had a warrant to search, and acted as if they were going to show it to him, which is why he let them in. He walked around each room with them and, again asked to see the warrant, to which the aggressive sheriff stated that they didn't have it with them, and didn't have to show it to him. As they approached the bedroom he asked to let them wake me, and the agressive sheriff pushed him and told him "no." ...Only when I woke (during the scuffle) and spoke with an investigator did I learn that they were looking for someone with a murder charge....Shouldn't (Did) the sheriff have to show us the search warrant? I never saw a search warrant either. Do you know of any good sites that discusses the types of search warrants and what a citizen should do/or not do?

[CdwJava]

What you describe regarding the entry can argued as consent. Their version of the facts may differ from yours, so the entry may not be seen as unlawful even if no search warrant existed. Additionally, I am not familiar with FL rules regarding arrest / search warrants so it may be that having the arrest warrant is sufficient to allow for a search. In CA we would need a seperate search warrant in some cases - not necessarily if the suspect was still thought to live there, however. And in this case it sounds as if the officers had sufficient cause to believe he might still reside there.

You have to remember, they were apparently looking for a murder suspect! I'd be looking in each room also. And I would not want someone blocking my way as I might think that the room they were blocking might contain a wanted murder suspect who might do me or someone else harm.

It's very likely that your fiance did not have the legal right to try and prevent or deny the officer entry to the residence or the room.

His attorney should be able to answer these questions. Unfortunately, I am not familiar enough with FL law regarding warrants to know what they must or must not do, and I do not know of a web site off hand that can definitively answer the question. Again, his attorney is best equipped to answer that.

- Carl