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Probation Warrant

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oliver13

Junior Member
What is the name of your state (only U.S. law)? Arizona
My brother had a probation warrant out on him. He didnt show to his court date (he did, just late) thats why it was issued. Are the police allowed to enter his home with out being let in and search his home and arrest him with out a search warrant and only having a probation warrant? I was told by one person that it sounds more like he was raided because of all the police officers that were there. his original court date was for a drug charge. Now that they searched his house and found paraphenallia and 2 guns they are adding those charges. the guns were not stollen or sawed off or any of the sort. so my 2 main questions...if it is legal to carry guns in az how do you get gun charges? What causes you to get them if they are in your house and you are not carrying them on your person? My next question is are the police allowed to enter your home without you letting them in if they only have a probation warrant on you? Also he is not a felon and has only had unsupervised probation and misdemenors.
Thanks for all the help :)
 
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dave33

Senior Member
If he had a warrant(which you said he did) the police can enter the house. The gun charges are most likely because he was convicted of a felony(hence the probation). I answered this with very little knowledge of you're state laws. Consult an attorney this sounds like a serious situation which could very likely carry considerable jail time. goodluck.
 

oliver13

Junior Member
he is not a felon or has any felonies. he has had only misdemeneors and do they call it light probation...were you never have to check in. so if he is not a felon do u know if they still have a right to enter? he still has his 4th rights. im just trying to kind of figure all of this out. his public defender is about one of the rudest people i have ever met and she doesnt seem to care one single bit about any of it. he has been sitting in jail since december and all she does is keep pushing a court date back..
 

CdwJava

Senior Member
My brother had a probation warrant out on him. He didnt show to his court date (he did, just late) thats why it was issued. Are the police allowed to enter his home with out being let in and search his home and arrest him with out a search warrant and only having a probation warrant?
An arrest warrant generally gives the authority to enter the suspect residence if the officers have reason to believe the suspect named on the warrant is inside. Being that he was on probation (I imagine with search conditions) and they had a search warrant, they almost certainly had great cause to force entry to his home.

I was told by one person that it sounds more like he was raided because of all the police officers that were there. his original court date was for a drug charge. Now that they searched his house and found paraphenallia and 2 guns they are adding those charges. the guns were not stollen or sawed off or any of the sort.
But, I bet that he was not supposed to have them. And if he was a convicted felon, double oops for him.

so my 2 main questions...if it is legal to carry guns in az how do you get gun charges? What causes you to get them if they are in your house and you are not carrying them on your person?
Being convicted of felonies and many other kinds of crimes can prohibit the possession of firearms. Probation restrictions often prohibit possession o firearms as well. Possession in your home is possession.

My next question is are the police allowed to enter your home without you letting them in if they only have a probation warrant on you?
Thanks for all the help
See above.
 

oliver13

Junior Member
Thank you CdwJava. I didnt know that they have search conditions on probation. Now if they did not have a search warrant, which they didnt, is it still lawful that they enetered his home and searched it?
 

CdwJava

Senior Member
Thank you CdwJava. I didnt know that they have search conditions on probation. Now if they did not have a search warrant, which they didnt, is it still lawful that they enetered his home and searched it?
As I mentioned, an arrest warrant is generally sufficient to allow entry to the suspect residence if the officers can articulate some reason to believe the suspect is inside.

Now, if they also had search conditions on him then they may not have even had to articulate that he was home! A search may be permitted in your state even without the probationer being present.

Either way, they likely had two avenues to gain lawful entry so he's pretty much screwed.
 

oliver13

Junior Member
Thanks CdwJava for taking the time to help me understand some of this stuff. I have never been in trouble or do I engage in illegal activity so I dont really know how all of it works. I figured he was pretty much screwed as u put it :) but he is my brother and I am trying to remain hopeful for him...thank you again for your help
 

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