Police arrest mom after she requests to see a warrant (which they did not have). - Page 8
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Thread: Police arrest mom after she requests to see a warrant (which they did not have).

  1. #71
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    Quote Originally Posted by BIGJOHN621 View Post
    If the police had these in this case not only will she get no money but the charges against her will stick. It is irrelevant that the complaint is bogus in her eyes. That is what court is for.
    Not necessarily. Tort lawyers will often file a lawsuit with little or no intention of ever going to court. Their goal is to elicit a settlement from the other party by making them want to avoid court, usually due to the expense. They just ask for a settlement amount that is lower than what the potential legal costs of a court case would be. That's how some people end up settling even when they've done nothing wrong, to avoid the court costs.
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  3. #72
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    Torts are civil. Once a criminal complaint is made and there is sufficient evidence, an arrest is made with or without a warrant.

  4. Quote Originally Posted by BIGJOHN621 View Post
    Actually, police are empowered to make warrantless arrests.

    Do they need a warrant to enter my home to effect his arrest? No.
    Wow, I always thought it was 100% true police needed a warrant or your permission to enter your home. Period.

    I think everyone knows police can arrest someone without a warrant, but if a warrant exists for Joe Blow, how can it be legal for them to come to my house and enter just because they think Joe is inside? If this were true, then no warrant is EVER needed to enter and search our homes! Police can just grab one of the thousand open warrants for ANYONE, come to our door, and say they believe that person is inside so they are coming in to search!

    This does not seem right; could you be wrong on this answer above?

  5. #74
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    Quote Originally Posted by phillip69 View Post
    Wow, I always thought it was 100% true police needed a warrant or your permission to enter your home. Period.

    I think everyone knows police can arrest someone without a warrant, but if a warrant exists for Joe Blow, how can it be legal for them to come to my house and enter just because they think Joe is inside? If this were true, then no warrant is EVER needed to enter and search our homes! Police can just grab one of the thousand open warrants for ANYONE, come to our door, and say they believe that person is inside so they are coming in to search!

    This does not seem right; could you be wrong on this answer above?
    I am 100% certain that the police cannot enter your residence without a warrant (unless you allow/invite them inside). The only time/s that the police can enter into your residence without a warrant is during a hot pursuit or during a life threatening emergency type of situation.

    Look up; FlexYourRights.Org
    Here's a pretty informative video clip from them on this very subject.

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  6. #75
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    There are three scenarios when your home can be entered without a warrant and without your permission. Hot pursuit of a suspect, to preserve life or prevent injury and to preserve evidence facing imminent destruction. All three are limited to specific scope and all three are legal.

  7. Quote Originally Posted by BIGJOHN621 View Post
    There are three scenarios when your home can be entered without a warrant and without your permission. Hot pursuit of a suspect, to preserve life or prevent injury and to preserve evidence facing imminent destruction. All three are limited to specific scope and all three are legal.
    Thank you bigjohn621 for correcting your erroneous statement that police can enter you home without a warrant simply to 'get' someone who has a warrant on them. That absolutely does NOT justify illegal entry into our homes. the lady in question on this was right - they acted illegally. I knew you were wrong but did not want to just say it w/o giving you a chance to correct it.

  8. #77
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    My statement wasn't erroneous, I don't believe. Perhaps I am saying something other than what I meant to or one of us is reading it wrong, which can happen in a back and forth (and if you know my pattern, if I'm wrong, I'm happy to stand corrected and move on).

    Ok, I reread my post and I didn't limit the scope. There is my error. Read on below. I assumed that it was understood that the police were entering the suspect's known address.

    An arrest warrant serves as a search warrant for the residence of the person named in the warrant in almost all instances. No permission needed, the known residence can be searched ONLY for the person. But if I remember correctly we weren't talking about a warrant situation. If I remember correctly, there was no warrant.

    Hot pursuit isn't defined as line of sight. I will look up the case law regarding the amount of time that needs to pass before needing a warrant to affect an arrest but in the scenario I gave with my son and the broken window, they could enter my house to make the arrest without a warrant and without permission if less than xxx amount of time has passed since the incident. If I tried to stop them, I could go for interfering or harboring, depending on the seriousness of the charge against my son and, frankly, the mood of the sergeant that night.

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