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Arrest Warrant

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ymarie

Guest
The police came to my house with a arrest warrant for my boyfriend and when I told them that he wasn't here they came in anyways (with their guns drawn )and found him in the bathroom. It was early in the morning and I had gotten up about 30 minutes before they arrived and he wasn't here but apparently came back while I was asleep. Did they have the right to search my house for him or should they have left when I said he wasn't here?
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by ymarie:
The police came to my house with a arrest warrant for my boyfriend and when I told them that he wasn't here they came in anyways (with their guns drawn )and found him in the bathroom. It was early in the morning and I had gotten up about 30 minutes before they arrived and he wasn't here but apparently came back while I was asleep. Did they have the right to search my house for him or should they have left when I said he wasn't here? <HR></BLOCKQUOTE>


My response:

Ah, yes. Here come the lies so the police can justify entry and a search. To effect the arrest, the police can enter a suspect's home * only * if there is reasonable belief that the suspect is present. Prior to entry, they had to give, or make a reasonable effort to give, notice and purpose for entry, unless otherwise justified by * exigent circumstances. *

The Constitution does not allow an officer to enter the residence of a third party (that's you) not named in the arrest warrant without one of these circumstances:

1. Your consent;

2. "Hot pursuit";

3. A search warrant;

4. Exigent circumstances.

If all they had was an "arrest" warrant, and they didn't get your consent, were not in hot pursuit (i.e., they saw him run into the house), did not have a search warrant, and didn't have exigent circumstances to know he was there (e.g., they saw his "signature" telltale cigar smoldering in the ashtray), then the search is invalid, and any arrest is considered "fruit from a poisoned tree" and any arrest is invalid along with any statements he may have made after the arrest to the officers.

They will, most likely, lie about #1, above.

Get him his own attorney - - not a public defender.

However, thinking about this a little more, and re-reading your post, I get the impression now that your boyfriend was hiding in your home because, or perhaps, he skipped out on bail?

If he is a bail jumper, those weren't the police - - they were BOUNTY HUNTERS. That's a whole other area of law, going back to the mid to late 1800's. They don't need a search warrant. Let me know if they were Bounty Hunters, and / or whether your boyfriend had skipped out while on bail.

IAAL

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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited June 05, 2000).]
 
Y

ymarie

Guest
My boyfriend wasn't hiding and he hadn't jumped bond. He came back from taking our kids to the store before the bus came and I had fallen back to sleep and didn't know he had come back in the house. He was in the bathroom when I got up and I was opening the curtains and saw all the police cars pull up and they came running to the door. They yelled "open up, police" and then they opened the door and came in and said they had an arrest warrant for (his name) and I told them he wasn't here (at this point I'm sure he stayed in the bathroom on purpose but he didn't know they were coming and I didn't know he was here) and one of them asked what vehicle he was in and who did he leave with while the other 5 or 6 officers (with guns drawn) went in all different directions of the house to look for him and found him in the bathroom.
 
Y

ymarie

Guest
I was told by a lawyer that since it was a "felony arrest warrant" that they can go in any one's house to find the suspect without consent. I didn't mention the felony part in my original question. Is this true?
 

I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by ymarie:
I was told by a lawyer that since it was a "felony arrest warrant" that they can go in any one's house to find the suspect without consent. I didn't mention the felony part in my original question. Is this true?<HR></BLOCKQUOTE>

My response:

What country is the attorney from? Perhaps in Russia they can do that, but not in the U.S. of A. You still need a search warrant in this country, unless there's consent or exigent circumstances. Better get another attorney.

IAAL



------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

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