Unlawful Entry

What is the name of your state?Virginia.

Can an officer enter your home on a capeous for missing a court date?

[CdwJava]

Originally Posted by Spiritless

What is the name of your state?Virginia.

Can an officer enter your home on a capeous for missing a court date?

What is a "capeous"?

If you missed a court date and there was a warrant issued, he probably could!

- Carl

Probably is not an answer. I thought they could only enter your home with they have a search warrant or if it is a felony charge.

[CdwJava]

Probably is not an answer. I thought they could only enter your home with they have a search warrant or if it is a felony charge.

Then you thought wrong. There are a number of exceptions for the warrant requirement. Although, around here, missing a court date generally means getting a warrant.

And without all the details, "probably" is the best answer you can get.

If there was no warrant, no consent, no crime in progress, and no other exigency, chances are that the entry was unlawful. But, without the details, that's impossible to say with certainty.

And I am still wondering what a "capeous" is.

- Carl

Are you a lawyer? If you are then you should know that a capeous is another name for a warrant.

Yes there was a warrant. However, I did not give them permission to enter my home. The next officer who frequented my home asked politely if he could search my home. This has confused me. I said yes to him. The next thing I know some other officer who I had not consented to being in my home came out of my bedroom and had entered thru the back door.

[CdwJava]

Originally Posted by Spiritless

Are you a lawyer? If you are then you should know that a capeous is another name for a warrant.

Thankfully, no - I am not a lawyer. And I couldn't find it on Websters.com either. Perhaps using the word, "Warrant" would have been best.

Yes there was a warrant. However, I did not give them permission to enter my home.

On an arrest warrant, an officer can enter your home to arrest you - not to search it. They can, of course, make a search of the immediate area incidsent to arrest.

The next thing I know some other officer who I had not consented to being in my home came out of my bedroom and had entered thru the back door.

Good thinking by the officers. One goes to the front, the other goes to the back ... if you bail out the back door after seeing the cop out front the guy out back nabs you. If the guy at the front contacts you, he lets his partner know that he's okay and he comes inside. He's NOT going to stand outside and wait for his partner.

Each individual officer is not going to ask for permission to enter. And on an arrest warrant they do not have to.

- Carl

[jimnyc]

Originally Posted by Spiritless

Are you a lawyer? If you are then you should know that a capeous is another name for a warrant.

Did you mean "capias"?

ahhhh. Officers not to smart the first time they came. They did not place someone at the back door. Entered my home goes thru the kitchen into the hallway and I am just standing in kitchen watching and he turns around and arrests me for "Obstruction of Justice" ... I am dumfounded. This was not legal I know. Lied to the magistrate and said I stopped him from coming in. I have eye witness that knows I did not stop him.

If you are renting a home dont they have to have permission from the owners to look for the person they have the warrant for?

[CdwJava]

Originally Posted by Spiritless

Entered my home goes thru the kitchen into the hallway and I am just standing in kitchen watching and he turns around and arrests me for "Obstruction of Justice" ... I am dumfounded. This was not legal I know. Lied to the magistrate and said I stopped him from coming in. I have eye witness that knows I did not stop him

Great. Then you will have no problem getting off.

If you are renting a home dont they have to have permission from the owners to look for the person they have the warrant for?

No. If the location is the residence of the person on the warrant, then they can usually enter.

- Carl

I did get off. Just now to get the lieing deputy to pay the extreme court costs