Question About Felony Arrest Warrants...

[jocylien]

First of all I live In Georgia. . . Today I walked down the stairs and peeked out the front window, to my shock, a police officer was approaching my front door . Well The police scare me even though I don't do anything wrong, and not to mention I needed a shower, so I did not open the door right away. I went to tell my father there was a police officer at the door... At this point he was banging and I came back to open the door...

The officer stated that he was looking for a guy that had worked for my boyfriend in the past, and that he had a felony arrest warrant or something... This guy listed his address with his probation officer as our address. We did receive a piece of his mail sent from his probation officer, guess I should have seen it coming. Well The guy is not here, and I told the officer the last time he was here, it was to get a motorcycle and a few belonging's we were storing for him while he was in jail.

The police officer then began asking me about my boyfriend who was downstairs, and I asked him if he wanted me to get him... He said he would follow me and did... I had to tell the police officer that the last time I was downstair's he wasn't dressed and laying in bed because he has been sick... So ANYWAY the officer followed me downstairs and i made sure my boyfriend was dressed and told the officer he was putting on his slippers and was coming out to talk to him... He then proceeded to push our bedroom door open, and my boyfriend said he had his hand on his gun... He proceeds to question us about the suspect... and continued to look into the rest of the rooms in our house....

I just feel violated now, and while I have NO problems cooperating in finding this jerk, the police officer said they could come and bang on our door at 3 am and if we do not answer they will bust it down... Is this legal? This officer produced no warrant, though I was too frazzled to even ask, and he followed me downstairs, I did not give him permission, but how am I going to argue with a man with a gun?

I have nothing to hide but I need to know If it is legal for them to come back, because I don't need the stress of having to worry that the cops are going to come burst down my door looking for someone that I would happily turn over to them, if I knew their whereabouts.

Any help would be greatly appreciated, Thanks !

 

[fairisfair]

you allowed a former felon, on probation to stay at your home and to use your address as his own. The officer didn't need a warrant.

 

[CdwJava]

Based upon the given - and previously valid address - on the arrest warrant was yours, he had every right to enter and search for the suspect. The fact that he did so alone, and mostly polite, indicates to me that the officer was almost bending over backwards to be polite ... he did not have to be.

Oh, and I can't tell you how often we have heard the story that someone is sick as an excuse as to why someone is still asleep in the middle of the day. Sorry, but the police officer followed you downstairs because he likely did not believe you completely that the guy he was looking for was not there. And he's certainly not going to want the suspect to harm himself or possibly flee so of course he will follow you down.

Hopefully they will find him soon. If they don't, expect additional visits from the cops as they search for him.

- Carl

 

[jocylien]

I just want to clarify that this guy never lived here, nor did we "allow" him to use our address. My boyfriend contacted his probation officer when the letter arrived months ago, and told him that he doesn't live here, and that we do not want anything to do with them. The probation officer never called us to confirm this address, nor had they visited etc etc...

I do understand why the officer may have believed he was here, but he isn't and hasn't been, since he picked up his belongings we had been generously storing for him while he was in jail... so apparently now he violated his probation and submitted a FALSE address as his, and now MY HOME can be legaly searched anytime? Wow what a world.

So, I can't say that this officer was polite, but I suppose he could have been worse, and regardless that is besides the point.

I guess I have learned my lesson. I won't be helping anyone in this kind of situation EVER again.

I appreciate your responses, though they aren't what I was hoping to hear, and I hope they find him soon too, and if any of this clarified information changes anything please let me know.

Thanks

 

[CdwJava]

I just want to clarify that this guy never lived here, nor did we "allow" him to use our address. My boyfriend contacted his probation officer when the letter arrived months ago, and told him that he doesn't live here, and that we do not want anything to do with them. The probation officer never called us to confirm this address, nor had they visited etc etc...

Unfortunately, that appears to be the address they have for him. And until the warrant is recalled or served, you might have to face repeat contacts. I would suggest calling the local police department and letting them know he does not live there and never has lived there.

But ... if he was your boyfriend at one time, and your current boyfriend lives with you, it would seem to be a logical assumption to make that the ex used to live with you.

I do understand why the officer may have believed he was here, but he isn't and hasn't been, since he picked up his belongings we had been generously storing for him while he was in jail

Storing his stuff leads us (the cops) to believe you are also likely allowing him a place to lay his head.

It is a fact of life with cops that people lie to us - especially crooks and their friends and family. So, it should come as little surprise that you would not be taken at face value with your claim that he is not and never has lived there. If his stuff was there that is often good enough for us to argue that he has lived there or has stayed there enough to at least give someoen the impression that was his residence.

- Carl

 

[jocylien]

Carl,

I appreciate your responses tremendously. I do need to clarify again that the guy they were looking for was never my boyfriend, he worked for my boyfriend. Had I known that storing his stuff would lead to this, I would have been a lot less kind hearted about it. I never considered this guy as my friend to begin with and he most definitly is not my family. I am just the type of person who wants to help people and look where that gets me.

I will make all the calls I can tomorrow and maybe that will help. It is just going to be a waste of the police's time to look here. I have enough emotional issues as it is, and this is extremely stressful.

I guess my only question to your second kindly response is, under what circumstances do they recall a warrant? We had marked the envelope that was sent to us from this guys probation officer or whatever as "Return to sender" but never sent it back, and they never checked on him here or called, so this whole thing is just confusing to no end for me.

Thanks truly for any and all help!

 

[CdwJava]

I appreciate your responses tremendously. I do need to clarify again that the guy they were looking for was never my boyfriend, he worked for my boyfriend. Had I known that storing his stuff would lead to this, I would have been a lot less kind hearted about it. I never considered this guy as my friend to begin with and he most definitly is not my family. I am just the type of person who wants to help people and look where that gets me.

Somewhere along the line he gave your home as his address. This is not uncommon as these guys often give the address of a place where they get their mail, and that is sufficient to justify the inclusion on the warrant.

Whether the police will keep looking there will depend on your history, your boyfriend's history, and whether they believe you or not. A call to the local police department might clear it up for a while ... or until someone calls and says they saw him at your place.

I guess my only question to your second kindly response is, under what circumstances do they recall a warrant?

Issued in error ... negotiated with the suspect attorney ... etc. It wouldn't be something you could get done.

In general, unless you have a criminal history - or others in your house do - the police will likely take your word on it unless they have a reason not to (such as neighbors sighting him, his car being parked down the street, the two of you being seen together downtown, etc.)


- Carl

 

[jocylien]

Ok... Thanks...

He obviously gave his Probation officer this address, but he never received mail here or asked if he could, isn't giving a false address a crime too? I really wish I knew where this guy was, so I could turn him in. It's doubtful however this guy would ever show his face here again.

As for a criminal history, I have none, and my boyfriend has had some unpaid parking tickets, vehicle violations etc., so that should be nothing to worry about.

I am very willing to cooperate with the police, I guess I just didn't like the threat of my door being busted in at 3 am if they knocked and no one answered. That is a stressful thought for someone who is a nervous nilly to begin with. I just wish there were some way to verify this mistake, but maybe a call will clear it up tomorrow...

Once again I really appreciate your reply's, maybe I can go get a good night's sleep now.
Thank You !

 

[CdwJava]

He obviously gave his Probation officer this address, but he never received mail here or asked if he could, isn't giving a false address a crime too?

Only under a limited set of circumstances.

I am very willing to cooperate with the police, I guess I just didn't like the threat of my door being busted in at 3 am if they knocked and no one answered. That is a stressful thought for someone who is a nervous nilly to begin with. I just wish there were some way to verify this mistake, but maybe a call will clear it up tomorrow...

When my agency attempts to serve an arrest warrant and we find that the subject has moved - and we buy it - a notation is placed on the copy of the warrant held by our Dispatch center so that we don't hit the house again ... but, that can change if new information leads us to believe we were fibbed to.

If you and your boyfriend (and dad) don't have a problem with the cops, then they may not keep coming back ... unless, as I said, they hear he's back or have reason to believe he's kicking it with someone from the home.

Once again I really appreciate your reply's, maybe I can go get a good night's sleep now.
Thank You !

Good luck - and don't stress it TOO much. Make a couple calls tomorrow and just see what they have to say.

- Carl

 

[garrula lingua]

The ex also stored his motorcycle there ?
and ... he gave it as his address to the PO ... and, you rec'd at least one piece of his mail...
.....Yes, that was a good search, and, yes, they can come back.

You have to stay away from convicted felons, or suffer the consequences.