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Arrest warrant protocol

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robfrench55

New member
What is the name of your state?Illinois while serving an arrest warrant on me and my girlfriend for retail theft 2 officers parked down the street and approached our residence on foot after midnight.. they then proceeded to peek through our closed blinds without knocking or knowing if we were home. I wasn't home but walked up on them while they did this.. after arresting me they then walked in our house unannounced and arrested my girlfriend.. is this legal??
 


justalayman

Senior Member
i cannot find a statute listing retail theft 2. Make it simple: is she being charged with a felony?

Did they have reason to believe she was within the residence.

Bottom line: it can be legal to enter a home to effect an arrest but there are some requirements that must be met.


In the end it won’t be her get out of jail free card so other than for that reason, what difference does it make.
 

CdwJava

Senior Member
What is the name of your state?Illinois while serving an arrest warrant on me and my girlfriend for retail theft 2 officers parked down the street and approached our residence on foot after midnight.. they then proceeded to peek through our closed blinds without knocking or knowing if we were home. I wasn't home but walked up on them while they did this.. after arresting me they then walked in our house unannounced and arrested my girlfriend.. is this legal??
It may depend on whether the warrant is endorsed for night service (assuming that's a requirement for warrants in IL). In most instances, yes, they can do what you describe. Hiding from the cops inside your home when they have an arrest warrant for you is not a brilliant move.
 

robfrench55

New member
It may depend on whether the warrant is endorsed for night service (assuming that's a requirement for warrants in IL). In most instances, yes, they can do what you describe. Hiding from the cops inside your home when they have an arrest warrant for you is not a brilliant move.
My concern is that they were peeking in our blinds in the dark without even announcing their presence.. I walked up on them not even knowing they were cops. I could've clubbed them in the head thinking they were prowlers.
 

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