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  1. #1
    carguy31 is offline Member
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    out of state arrest warrant

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

    How would an out of state arrest warrant work? IF a person had an arrest warrant in one state (ar) could okla police serve that warrant or use it to actively search for this person? I have tried to search for case law but am reading all kinds of information on the subject with no solid answers.

    Oddly enough I did find this:
    [url]http://www.ca8.uscourts.gov/opndir/08/11/072060P.pdf[/url]

    which I know the office named in that document as I worked on his car several times in hs auto mech....

    in other words, if ar has a warrant for a person can okla search behind my house for that person?

    if something was found would it stand in a court?
    do Miranda rights or the lack of reading them allow any recourse?
  2. #2
    justalayman is offline Senior Member
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    apparently something has happened. Rather than addressing a million different scenarios that might be, how about explaining what happened so your particular situation can be addressed.
  3. #3
    carguy31 is offline Member
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    that would be very long, to make it short.

    My old neighbor from years ago... from what I understand she moved to Ar and got a warrant for her for a drug charge (not sure what exactly).

    Okla police come to my house to locate her (do not know why, she is here at most 3 times per year). While I am inside they go into my backyard and find something. I never see a warrant. I am subsequently arrested for this but have never been read any rights. there is more info in my past thread but i had different questions now. I do not know all the laws, I just try to live moral and treat people how I would like to be treated.

    so i ask:
    1) if ar has a warrant for a person can okla search behind my house for that person?
    2) if something was found would it stand in a court, ie search laws?
    3) do Miranda rights or the lack of reading them allow any recourse?
    4) if there is incorrect info on my arrest warrant, ie stating I have been convicted of something I have not, does it invalidate the warrant?
  4. #4
    justalayman is offline Senior Member
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    I remember the situation now. Waking up, a bunch of cops, calling the neighbor to trick her yada yada.

    1) if ar has a warrant for a person can okla search behind my house for that person?
    I don't think you have ever explained why they believed her to be at your house to start. Unless they had reason to believe she was there or frequented your house, I do not see how they could do anything other than walk up to your door and ask if you know where she is.


    2) if something was found would it stand in a court, ie search laws?
    don't know enough yet

    3) do Miranda rights or the lack of reading them allow any recourse?
    only if you reached a point which Miranda was required and they failed to advise you and you gave incriminating statements after that point.

    4) if there is incorrect info on my arrest warrant, ie stating I have been convicted of something I have not, does it invalidate the warrant?
    most likely not. The only reason I can think it would even be there is due to that previous charge this current charge was elevated to a greater charge. It would still not invalidate the warrant though. The crime itself would still be a crime, just not as great as believed to be.
  5. #5
    carguy31 is offline Member
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    I don't think you have ever explained why they believed her to be at your house to start. Unless they had reason to believe she was there or frequented your house, I do not see how they could do anything other than walk up to your door and ask if you know where she is.
    I must assume that there was an "anonymous tip"...? it was obviously very incorrect, or would there be any other legal reason they can use? I must assume that it would be something that would not require paperwork... I hope you understand what I am saying.


    don't know enough yet
    what do you need to know? They searched my yard that is very secluded without my consent or a warrant. They did get my consent later, after telling me several lies and refusing to leave when I asked them to. I felt very detained.

    only if you reached a point which Miranda was required and they failed to advise you and you gave incriminating statements after that point.
    at what point would Miranda be required?

    most likely not. The only reason I can think it would even be there is due to that previous charge this current charge was elevated to a greater charge. It would still not invalidate the warrant though. The crime itself would still be a crime, just not as great as believed to be.
    and if they did not have my address and had the wrong social security number on the arrest warrant?
  6. #6
    I_Got_Banned is offline Senior Member
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    Quote Originally Posted by carguy31 View Post
    what do you need to know?
    What did they find, where did they find it and what were you charged with?

    Quote Originally Posted by carguy31 View Post
    at what point would Miranda be required?
    When you're in custody and before they interrogate you.
  7. #7
    CdwJava is offline Senior Member
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    Quote Originally Posted by carguy31 View Post
    1) if ar has a warrant for a person can okla search behind my house for that person?
    There are slight differences by state, but if the OK authorities had good cause to believe she was there, the arrest warrant might give them the authority to search or to at least cordon off the home so she could not escape while they sought a search warrant to make entry.

    2) if something was found would it stand in a court, ie search laws?
    That depends on the details and the nature of the mystery "something."

    3) do Miranda rights or the lack of reading them allow any recourse?
    Only if you were in custody and were then subject to interrogation. A detention does not necessarily equate to custody for purposes of Miranda. it might, but often does not.

    4) if there is incorrect info on my arrest warrant, ie stating I have been convicted of something I have not, does it invalidate the warrant?
    If they had an arrest warrant for YOU, then they could make entry to your home and yard to affect the arrest under most circumstances.

    Unless the sole cause for getting the arrest warrant is that erroneous prior conviction, not likely.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  8. #8
    carguy31 is offline Member
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    they found a 2ft tall marijuana plant growing against my house in the back yard.
    another by my shop. was charged with cultivation

    When you're in custody and before they interrogate you.
    what do you mean by custody? I was never read any rights.

    as far as detention, if they did not leave when asked, is that custody or still detention. I never saw a warrant for anything.
    Last edited by carguy31; 11-14-2010 at 11:19 PM.
  9. #9
    justalayman is offline Senior Member
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    carguy31;2689957]I must assume that there was an "anonymous tip"...? it was obviously very incorrect, or would there be any other legal reason they can use? I must assume that it would be something that would not require paperwork... I hope you understand what I am saying.
    I think I do. Unless they can justify the entry onto your property, I would question the admissibility of anything observed because of the entry. The problem; you don't know by what right they entered your property. The reason you present here as their justification does sound bogus though. That doesn't mean there wasn't a valid reason though. That is something that would have to be uncovered during the discovery phase of your trial.



    what do you need to know? They searched my yard that is very secluded without my consent or a warrant. They did get my consent later, after telling me several lies and refusing to leave when I asked them to. I felt very detained.
    not so much what you can bring but things you really do not know. If they can justify their entry, they can generally bring in the evidence. If the entry is bogus, the evidence should be suppressed.

    at what point would Miranda be required?
    once you are considered to be "in custody", Miranda is required. http://www.nolo.com/legal-encyclopedia/article-29930.html


    and if they did not have my address and had the wrong social security number on the arrest warrant?
    for an arrest warrant, nothing. As long as you are the person on the warrant, the rest is not a material defect.
  10. #10
    CdwJava is offline Senior Member
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    Quote Originally Posted by carguy31 View Post
    what do you mean by custody? I was never read any rights.
    Generally Miranda would apply after you were actually arrested, or, after you were detained with restraints equivalent to those of a custodial (physical) arrest.

    as far as detention, if they did not leave when asked, is that custody or still detention. I never saw a warrant for anything.
    If you were not free to leave you were detained or arrested. Their not leaving is a different matter.

    As for the warrant, you say there was, now you say there was not. Which is it? Was there an arrest warrant for you or not? All because you did not see it does not mean it did not exist. I almost never have an arrest warrant in hand when I arrest someone on a warrant. All that matters is that it exists (and, of course, that the officer(s) know about it and act accordingly).
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  11. #11
    carguy31 is offline Member
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    when they were at my house i never saw a warrant for her or for a search.
    when i said my arrest warrant that was weeks later before i saw it.

    so anything I said is not admissible b/c my rights were never read correct?

    [url=http://www.nolo.com/legal-encyclopedia/faqEditorial-29076-3.html]Will a judge dismiss my case if I was questioned without a Miranda warning? - Free Legal Information - Nolo[/url]
    What Miranda actually says is that a warning is necessary if the police interrogate a suspect and want to use any of (his/) her responses as evidence. If the police fail to give you a Miranda warning, nothing you say in response to the questioning can be used as evidence to convict you.
    The problem; you don't know by what right they entered your property. The reason you present here as their justification does sound bogus though. That doesn't mean there wasn't a valid reason though. That is something that would have to be uncovered during the discovery phase of your trial.
    so I have to go to trial and basically forfeit any plea to see what right they had to enter my property? i am pretty sure they were looking for that girl.
    I suspect they had a false anonymous tip...


    [url=http://www.nolo.com/legal-encyclopedia/faqEditorial-29076-5.html]How heavy-handed can the police get when asking questions? - Free Legal Information - Nolo[/url]
    Police officers are not allowed to use physical force or psychological coercion to get you to talk to them.
    I am about 100% sure "psychological coercion" was use here. if refusal to leave when asked, an excessive number of officers and refusing to take no for an answer multiple times counts.
    Last edited by carguy31; 11-15-2010 at 12:14 AM.
  12. #12
    justalayman is offline Senior Member
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    so anything I said is not admissible b/c my rights were never read correct?
    that is far from clear. It will depend on what you said when in relation to their specific activities. It would require a very close scrutiny of the situation and exactly what happened. That is something your attorney would have to research. It involves the reports from the officers on site as well as your input.

    so I have to go to trial and basically forfeit any plea to see what right they had to enter my property? i am pretty sure they were looking for that girl.
    I suspect they had a false anonymous tip...
    do you mean forfeit a plea agreement? You surely do not have to forfeit a plea. You are free to plead anything you wish.

    I am about 100% sure "psychological coercion" was use here. if refusal to leave when asked, an excessive number of officers and refusing to take no for an answer multiple times counts.
    Do you mean they refused to leave when you asked them? If so, again, it will depend on their justification for being there. They may have had a right to be there outside of their dealings with you. That will have to be drawn out via discovery.
  13. #13
    BOR
    BOR is offline Senior Member
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    Quote Originally Posted by carguy31 View Post

    in other words, if ar has a warrant for a person can okla search behind my house for that person?
    Generally, no. Specific facts are determinable here.

    if something was found would it stand in a court?
    The federal exclusionary rule was made applicable to the states in 1961.

    OK may have stricter protections also under it's Constitution.

    If they are looking for a non resident with an out of state warrant, it can be said they are not looking for evidence of a crime on your part.

    The ER is at times difficult law to analyze.



    do Miranda rights or the lack of reading them allow any recourse?
    "General on scene" questioning is permitted by the Miranda decision itself without a reading of rights.

    OK may offer more protection.

    Again, in order to exculpate you from any statement (s), specific facts needs to be presented to a court for a Motion to exclude them.
  14. #14
    Dave1952 is offline Member
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    So, You've been arrested for pot that was growing in your back yard? The police originally came to your home looking for someone else for whom they had a warrant. While looking for that person they observed the pot. Unless your yard is fenced in or posted "no trespassing" the police may walk around. The US Constitution protects the inside of your home from unreasonable search. It does not prevent the police from walking into your back yard.
    You need to get a lawyer. Growing pot is not a trivial offense.

    Good luck
  15. #15
    BOR
    BOR is offline Senior Member
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    Quote Originally Posted by Dave1952 View Post
    The US Constitution protects the inside of your home from unreasonable search. It does not prevent the police from walking into your back yard.

    Good luck

    The 4th AM also protects the Curtilage of the home.

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