Questions about a warrant from another state

[Zigner]

There have been lots of cases, on these forums where just something like that has happened. ... Like I said, we have seen many examples of that on these forums.

Please post a few links - as a reminder to those of us who may not recall this.

 

[quincy]

There are few examples that I know of that run contrary to the law. Indiana is one unusual state or you and your family and friends are some of the unluckiest of humans.

 

[LdiJ]

There are few examples that I know of that run contrary to the law. Indiana is one unusual state or you and your family and friends are some of the unluckiest of humans.

CPS/DHS/DCF or whatever its called across the country does some really out there stuff everywhere.

 

[quincy]

CPS/DHS/DCF or whatever its called across the country does some really out there stuff everywhere.

Sure. But that has nothing to do with a party having to show that a warrant has relevance to the issue before the court.

Other than perhaps in Indiana, CPS will not remove children from a home only because another state has issued a warrant.

It would be nice to know the states involved and for what reason the out-of-state warrant was issued (and how old the warrant is).

 

[Taxing Matters]

There have been lots of cases, on these forums where just something like that has happened.

I've seen posts where kids were taken by CPS after a parent's arrest, sure, but the facts of each were different and weren't exactly the facts you suggested. And there were not what I would call "a lot" though perhaps your definition of the term is different than mine. In any event, the posts we get here are not necessarily representative of how things work in most cases even in the states where those posters were located, let alone how things work in all states. I realize it's tempting to think that how things work in your state how things work in every other state, but that's a bad assumption to make. I've practiced in several jurisdictions and I can tell you that laws and how administrative agencies function can and do vary considerably from one jurisdiction to another.

As I said, in some circumstances some courts might look at the warrant the way you did, but it is hardly automatic. I repeat: the person seeking to get the warrant has to show the warrant is relevant to the issues in the case. We don't know the details of the warrant and don't know the exact issues in the current case. There is certainly the prospect then that the warrant would not be relevant and if that argument can be made then I would raise the objection I were representing the OP. Nothing you have said contradicts that.

This happened to my grandson's father. He has other children. Those children were with their grandmother when she was arrested for something. They called the children's mother and she was inebriated (was at a party, that is why grandma was babysitting). Social services picked up the children and put them in foster care. It took my grandson's father a month to finally get the children into his custody...and he had a 50/50 timeshare in place.

Assuming that there isn't more to this (and I kind of suspect there is) then the CPS system in that state must be very bad indeed. That would not be the way it would turn out where I practice. And it's not because the CPS system in my state is stellar by any means.

 

[HighwayMan]

Umm, no, most LEO do not have time to follow-up on every warrant, especially if it is out of their jurisdiction. They are not going to 'arrest' Dad, unless the warrant is for some heinous crime, or the LEO where the warrant was issued ask for a hold and extradition.

Not sure exactly what you mean by "follow-up". An arrest warrant is a basically an order to bring the defendant before the court. We can't just ignore them.

"Follow-up" is simple - my dispatcher will contact the originating agency to confirm the warrant. If it's active we ascertain if it's extraditable. If it is, the defendant is arrested and if not they are released. It doesn't have to be for a "heinous crime".

 

[TheGeekess]

Not sure exactly what you mean by "follow-up". An arrest warrant is a basically an order to bring the defendant before the court. We can't just ignore them.

"Follow-up" is simple - my dispatcher will contact the originating agency to confirm the warrant. If it's active we ascertain if it's extraditable. If it is, the defendant is arrested and if not they are released. It doesn't have to be for a "heinous crime".

The warrant in this thread was issued by another state. Does your state have the funds to go collect every person that has a warrant who is out-of-state?

 

[LdiJ]

Sure. But that has nothing to do with a party having to show that a warrant has relevance to the issue before the court.

Other than perhaps in Indiana, CPS will not remove children from a home only because another state has issued a warrant.

It would be nice to know the states involved and for what reason the out-of-state warrant was issued (and how old the warrant is).

Re the bolded...where did I say that CPS would remove children from a home only because another state has issued a warrant? I said that a judge might make visitation supervised or require that another adult be present during visitation until the parent gets the warrant cleared up.

 

[quincy]

Re the bolded...where did I say that CPS would remove children from a home only because another state has issued a warrant? I said that a judge might make visitation supervised or require that another adult be present during visitation until the parent gets the warrant cleared up.

I am not going to reread the thread. The warrant in order to be introduced as evidence must have relevance to the court proceeding.

Because important facts are missing from this thread, there is little more that can be said.

 

[Taxing Matters]

Because important facts are missing from this thread, there is little more that can be said.

It rhymes! You're a poet!

 

[quincy]

It rhymes! You're a poet!

My inspiration:

https://kevinunderhill.typepad.com/Documents/Fisher_v_Lowe.pdf

I like the West headnotes, too.

 

[HighwayMan]

The warrant in this thread was issued by another state. Does your state have the funds to go collect every person that has a warrant who is out-of-state?

That would be up to the individual jurisdiction's District Attorney's office.

I have arrested individuals on out-of-state warrants and the originating agency then sent us an official communication requesting that the person be held pending pickup. In two cases the warrants were out of California and in one case it was out of Massachusetts.

In the MA case two detectives drove down to pick the person up within a few hours. In the case of CA, after I lodged the prisoners I never followed up to confirm that they were, in fact, picked up. In one case it was a parole violation, in another it was three fairly serious felony weapons/drug charges.

 

[quincy]

That would be up to the individual jurisdiction's District Attorney's office.

I have arrested individuals on out-of-state warrants and the originating agency then sent us an official communication requesting that the person be held pending pickup. In two cases the warrants were out of California and in one case it was out of Massachusetts.

In the MA case two detectives drove down to pick the person up within a few hours. In the case of CA, after I lodged the prisoners I never followed up to confirm that they were, in fact, picked up. In one case it was a parole violation, in another it was three fairly serious felony weapons/drug charges.

That is one reason why it is important to know what the warrant is, why it was issued, and what states are involved.