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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 04-07-2004, 01:03 PM
Junior Member
 
Join Date: Mar 2001
Location: GA
Posts: 25

warrant info, please???


What is the name of your state? Georgia

If the police have a warrant for probation violation out on someone who lives with me, if they come to the home again (the first time they came she was not at home) and she is upstairs in her room can they come in to search for her? She has an attorney that is working on this "violation". She had been seeing her probation officer routinely for two years but the case was then transferred to another probation officer who, because she had not paid her fine (which was suppossedly suspended according to her first probation officer, due to her having 2 children, no financial support for them, and is on ss/disability and has been hospitalized for the 6 months out of the last year with chronic illnesses) put out an immediate warrant for her arrest. She did not even know the probation officer was switched - never notified of this nor even got to talk to the new officer. When the previous po was called, he stated in my presence as well that he did not know what was going on as she was never in violation of her probation with him, hence the atty working on this matter told her to hide from the police to avoid jail until she got this settled. However, since she is with me, I don't want to go to jail if I open the door should the police come again and say she is not here, if in fact she's upstairs. Can they go up there to see? Any advice will be most appreciated. Thanks.
  #2  
Old 04-07-2004, 02:02 PM
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Join Date: Jun 2000
Location: Somnambulist University
Posts: 39,557
"If the police have a warrant for probation violation out on someone who lives with me, if they come to the home again (the first time they came she was not at home) and she is upstairs in her room can they come in to search for her?"
*** Presumably, this would be a 'fugitive warrant'. If they have reason to believe that she is in the property, yes. And if you said that she was not there, guess who else gets to borrow a set of nice shiny 'bracelets' for a while??

"She did not even know the probation officer was switched - never notified of this nor even got to talk to the new officer."
*** Bull-crap!! Don't you think that when she went in to her scheduled probation meeting with her OLD PO, that the PO would have told her of the new one??? Come on, we are NOT dolts here!!

"When the previous po was called, he stated in my presence as well that he did not know what was going on as she was never in violation of her probation with him, hence the atty working on this matter told her to hide from the police to avoid jail until she got this settled. "
*** Oh come on!!! The attorney told her to hide on a probation violation!!! Give us a break. Have her contact her attorney (if she really has one) and make arrangements to turn herself in.

"However, since she is with me, I don't want to go to jail if I open the door should the police come again and say she is not here, if in fact she's upstairs. Can they go up there to see? Any advice will be most appreciated."
*** Best advice you will get.... make arrangements with a good attorney NOW. I predict YOU will need his services in the near future.

"Thanks"
*** You're welcome. Oh, and don't drop the soap.
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #3  
Old 04-07-2004, 02:20 PM
Junior Member
 
Join Date: Mar 2001
Location: GA
Posts: 25

Warrant information, please.


I thank you very much for your fast response and assistance; however the sarcasm was unwarranted. I can attest to the fact that she DID NOT have any notification from either the new po or the original po of this change. And Yes, she does have a lawyer and I have paid the $1500 she needed myself and because of her health problems and the fact that the attorney DID IN FACT also get this very same corroboration from the orginial po, suggested she "lie low" in order to avoid jail for something she was totally unaware of. She had all of her other costs suspended by the original po due to her health, hospitalizations and children to support on a monthly ss check. She was unaware that she was in violation of anything. Bear in mind she has been seeing the original po every 2 months for two years and was in contact with him each and every time she had to be hospitalized. All of this occurred during the two month period since she had last seen him. He is no longer a po officer but has gone on to some clerical jail position but has in fact attested to the fact that she was in NO violation while she was seeing him and he did not know what the new po was attempting to do. New po will not even take a call from the attorney. Attorney is now attempting to contact DA to see if he can intervene. If not, she will have to turn herself in and spend whatever time necessary in order for the atty to get her in front of judge. I was merely asking, since she is with me due to the children, and since I would not intentionally lie to the police should the situation occur as I stated in earlier post, what the consequences would be and what I could expect should they come and she is in my home.

I resent being responded to as if I were an idiot trying to pull one over on society. Maybe this is what you are used to dealing with, but I can assure dear sir or madam, I am not of such ilk.

LRM
  #4  
Old 04-07-2004, 02:27 PM
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Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191

Re: Warrant information, please.


[quote]Originally posted by lrm216

I resent being responded to as if I were an idiot trying to pull one over on society. Maybe this is what you are used to dealing with, but I can assure dear sir or madam, I am not of such ilk.

LRM

==========================================


My response:

Really? You "resent it"?

I've got news for you - - you ARE of that "ilk" because, regardless of what has happened, or her reasons, or her excuses, or her illnesses, YOU ARE currently "harboring a fugitive", and that's a felony.

That, dear madam, will get you a nice pair of matching chrome bracelets. Don't wear any gold jewelry - - gold clashes with silver.

IAAL
  #5  
Old 04-07-2004, 02:46 PM
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Join Date: Mar 2001
Location: GA
Posts: 25

warrant information please


The information gleaned from your and JETX' response was precisely why I posted my original question, this is what I needed to know. Never having been faced with such a situation, I needed to know what, if any, ramifications might ensue by having her under my roof. As I said, I did this for the children. She is not evil or dangerous, but has a drinking problem which was the original cause of this whole problem to begin with. I will keep the children but tell her she must leave my home.
  #6  
Old 04-07-2004, 03:00 PM
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Join Date: Mar 2004
Location: New England
Posts: 672
Quote:
however the sarcasm was unwarranted.
However, dear sir or madam, if you feel the 'sarcasm' was unwarranted, be assured that if you continue keeping a fugitive in your home you will, indeed, be 'warranted'.
__________________
"You should always go to other people's funerals, otherwise, they won't come to yours." --Yogi Berra

Last edited by n_and; 04-07-2004 at 03:03 PM.
  #7  
Old 04-07-2004, 03:04 PM
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Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191

Re: warrant information please


Quote:
Originally posted by lrm216
The information gleaned from your and JETX' response was precisely why I posted my original question, this is what I needed to know. Never having been faced with such a situation, I needed to know what, if any, ramifications might ensue by having her under my roof. As I said, I did this for the children. She is not evil or dangerous, but has a drinking problem which was the original cause of this whole problem to begin with. I will keep the children but tell her she must leave my home.

My response:

You just don't get it.

Telling her to "leave your home" does not vitiate the crime you have already committed. You knew she was a criminal, and you knew she had a warrant for her arrest - - yet, you harbored her anyway.

When you rob a bank, but have a change of heart and return the money to the bank, the crime of bank robbery has still occurred. Returning the money does NOTHING to vitiate the fact that a crime has been committed.

Same thing in your circumstances. When the authorities interrogate her, guess where she's going to say she's been living? That's right - - with you!

So, whether you keep her, or throw her out, it's not going to matter to the authorities at this point. You will still be arrested, tried, convicted and hung. So, you may as well keep her.

I'll bet you're shakin' in your panties right about now, aren't you?

IAAL
  #8  
Old 04-07-2004, 03:33 PM
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Join Date: Mar 2001
Location: GA
Posts: 25

warrant information, please


I will probably disappoint you but, no, I am not "shakin' in my panties" as you asked. I took a niece in, and her two small children, for what was to be a month or two. She is dying of pancreatic cancer and is trying to tie up loose ends for the children before she goes. Being jailed for not having paid a fine she was told was "suspended" is far from her biggest worry at this point in time. In addition, the attorney is not even sure the new po had any right to even issue the warrant since these very same fines in the county where the dui took place were dismissed by that county due to her hardship (paperwork in file on that). The fine she is supposedly revoking her probation for is the fine designated to the county that her probation was transferred to, which is where she resides. This is what the original po claims was also waived.

I think the only way that I could be "arrested, tried, convicted and hung" for having her here for two weeks is if you were my judge and jury.

That said, I do appreciate your answering my questions and your time taken in doing so. Thank you.
  #9  
Old 05-02-2004, 12:46 AM
NorthDA
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Posts: n/a

Irm


I want to thank you for putting LIABLE in his place in your last posting. But that is pretty insignificant given your situation. I wish you all the best...
  #10  
Old 05-02-2004, 12:52 AM
Senior Member
 
Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191
[quote=NorthDA]

I want to thank you for putting LIABLE in his place in your last posting.

================================================

My response:

Gee, do I mean that much to you? Oooooh, that comment surely does hurt, NorthDA.

Put me in my "place"? What "place"? Do you really believe any of this criminal's situation, or your comment, matters to me?

IAAL
  #11  
Old 05-02-2004, 11:54 AM
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Join Date: Jun 2000
Location: Somnambulist University
Posts: 39,557
Did you realize that this "NorthDumbAss" seems to like to post insignificant dribble on posts that are almost a month old??
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
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