illegal arrest

[moto]

What is the name of your state? il
the police came to my residence and arrested me without a warrant. I expect the charges will be dismissed. If so, can I be recharged by anyone or do I have to be arrested again at some other location (they can't get a warrant, not enough evidence). Also, what happens to the police officer that did this.

 

[BelizeBreeze]

What is the name of your state? il
the police came to my residence and arrested me without a warrant.

o.k.

I expect the charges will be dismissed.

o.k.

If so, can I be recharged by anyone or do I have to be arrested again at some other location (they can't get a warrant, not enough evidence).

Of course you can be recharged. You can be arrested again at the same location, a different location or even a different time and dimension.

Also, what happens to the police officer that did this.

Probably a promotion and a slap on the back.

 

[tranquility]

There would need to be a lot more facts to determine if the arrest was illegal. But, if it were, that would not affect the underlying charges.

 

[acmb05]

What is the name of your state? il
the police came to my residence and arrested me without a warrant. I expect the charges will be dismissed. If so, can I be recharged by anyone or do I have to be arrested again at some other location (they can't get a warrant, not enough evidence). Also, what happens to the police officer that did this.

They don't need a warrant to arrest you. If they needed a warrant to arrest someone then everyone pulled over for a DUI would have to wait for a warrant to be issued.

So what did you do anyway?

 

[moto]

Yes, they do need a warrant to arrest you at your home. If you get the arrest quashed isn't that enough? what do you mean the underlying charges still remain?

 

[justalayman]

Yes, they do need a warrant to arrest you at your home.

Not neccessarily. You need to give more info if you want a worthwhile answer.

what do you mean the underlying charges still remain

whatever crime you may have committed doesn;t just disappear.

If you want any answers that make any sense in your situation, you need to explain what the heck you are talking about. Not just bits and pieces of info you want to tell everybody.

 

[tranquility]

No, they don't need a warrant. If the *enter* your home they need *either* a warrant or probable cause and exigent circumstances. Also, they could come to say "hi". When you answer the door, you may have given up your reasonable expectation of privacy and can be arrested on the threshold--depending on the circut. (I have not looked up the case law for your state.) Or, once at the door, they could have politely *asked* if you would step outside so you can talk. Once you voluntarilly stepped outside, you are in a public place and all they would need is probable cause.

All of which is why I said additional facts were needed to determine the legality of the arrest. But, even if the arrest was illegal, it does not affect the underlying charges.

The crime remains. You can be re-arrested for it.

 

[moto]

i already know there are no exigent circumstances and coming to my residence to arrest me without a warrant is illegal in my case. I want to file a complaint against the officer who did this, does anyone know where you do that? From the replies here, when the arrest is quashed the officer will not be punished at all.

Since the underlying charges still remain , the evidence is weak and will probably be dismissed then. thanks

 

[CdwJava]

i already know there are no exigent circumstances and coming to my residence to arrest me without a warrant is illegal in my case.

Maybe ... maybe not.

How were you arrested? How did the officers get into your house? Did they force their way in? Were they invited in? Were you in the doorway when you answered the door? What was the nature of the charges? (Note that the severity of the charges could play into the situation as well ... that is the severity of the allegation, NOT the strength of the evidence or the case as you see it - only the allegations.)

It all depends on the answers to these questions.

I want to file a complaint against the officer who did this, does anyone know where you do that?

At the police department. Before it stands much of a chance, however, you might have to get a court to rule that the officer overstepped his authority. Even if the arrest was bad, the underlying case still can go forward. So *IF* the officer erred, it would not shield you from prosecution - it will only expose the agency and the officer to the possibility of civil liability.

From the replies here, when the arrest is quashed the officer will not be punished at all.

Maybe ... maybe not. It depends on why the arrest was quashed. It would also depend on the agency and whether they feel the officer made an obvious error in judgment or broke the law. If it was an honest mistake it is less likely to be severely punished than if he committed an act that he should have known was unlawful or improper.


- Carl

 

[moto]

the complaint form can I get it from my local police dept which is not the offending dept? have it mailed?

 

[CdwJava]

the complaint form can I get it from my local police dept which is not the offending dept? have it mailed?

Soooo ... you don't want to enlighten us as to the details of your alleged "illegal arrest"?

In any event, you will have to contact the agency employing the officer to obtain whatever form they might use to report malfeasance by an officer. Each agency is likely to have similar forms and procedures, but they will not be identical.

- Carl

 

[Gevalia]

Moto, you obviously think you have this nailed and all you need is for someone here to point you whichever direction you need to go to file a complaint, and when you get there your charges will be dropped and the cop will get hammered and maybe fired, and if they're very lucky, you might let them rise off their knees long enough to kiss your ring before you stride, vindicated, from the police station, secure in the knowledge that you have emerged victorious from the battle for truth, justice, and the American way. Cue the music.

I'm telling you. Listen to me--I'm telling you. You are setting yourself up for a potentially extreme disappointment.

You do not know what you think you know. All you know is how you think it should be, and that's what you're expecting to happen. When it comes to the law, I can't think of two more mutually exclusive concepts than "should be" and "is".

On the other hand, as far as any of us know, maybe it was a bad bust and it may, indeed, be completely defensible. But even so, nobody can give you any of the advise you really need (as opposed to the minimum you think you need) if you don't start forking over more details about the nature of the arrest and the other questions that were asked.

Listen to these people. They know what they're talking about. Especially CdwJava.

 

[tranquility]

"Exigent circumstances" by case law is a very broad and subtle concept. To say it does not apply seems a bit arrogant for a person who was asking questions in the first place. However, you've decided the arrest is "illegal" and want to follow up on it. In order to sue, you are going to have to prove damages. Case law will require you to be found not guilty (or otherwise have the charges decided in your favor) before you could sue for a federal civil rights violation. The main remedy in this type of situation is a supression of any evidence found as a result of the arrest. (At least that evidence which would not have been inevitably discovered.)

You may, of course, compain about the officer. You will need to provide all the facts to the police in order to investigate. You should be very careful as you still have the underlying charges out there and anything you say can be used against you. Since you know the law so well, I'm sure you won't say something which will hurt you later on--but someone without your extensive knowledge might very well incriminate themselves in some way. Finally, although it doesn't ever happen because the police aren't people but automotons who follow proceedure, I wonder if the police will be more or less diligent in following up on all the leads in the underlying crime if someone makes a complaint against one of their friends?

If you are truly innocent, there's no real down side. (Well, usually. Sometimes... http://www.courtinfo.ca.gov/opinions/documents/D044931.PDF ) If you do have something out there, it's stupid to poke a bear.

 

[moto]

thanks for the answer to my question. You can keep the sarcasm. I do not need it and, by the way, it makes you look ridiculous.

 

[fairisfair]

thanks for the answer to my question. You can keep the sarcasm. I do not need it and, by the way, it makes you look ridiculous.

Well, it did make somebody look ridiculous.