Legal Question in Criminal Law in California

Felony Arrest warrant but no search warrant

I found out today, by reading the crimestoppers page in my local newspaper that there is a felony arrest warrant for myself for possesion of under 28grams of marijuana and possession of a loaded firearm by a felon(even though I am not a convicted felon). Can they come to my home and enter if not given permission and they don't have a search warrant?


Asked on 11/21/07, 3:44 pm

4 Answers from Attorneys

Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Felony Arrest warrant but no search warrant

Unfortunately, no search warrant required to come and get you wherever if there is a valid arrest warrant. Your best bet is to negotiate surrender and bail right away, best through an attorney.

Hope this helps.

Jacek Lentz, Esq.

Los Angeles, CA

Read more
Answered on 11/21/07, 3:58 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Felony Arrest warrant but no search warrant

Yes. Arrest warrants wouldn't be very effective if people could evade them just by refusing to come to the door.

Read more
Answered on 11/21/07, 4:16 pm
Jay Leiderman Leiderman Devine LLP

Re: Felony Arrest warrant but no search warrant

Steagald v United States, (1981) 451 U.S. 204 says that an arrest warrant is valid for entry into the home of the arrest target.

Read more
Answered on 11/21/07, 4:23 pm
Terry A. Nelson Nelson & Lawless

Re: Felony Arrest warrant but no search warrant

Yes, no, maybe. It doesn't matter what I answer; the police and DA will do whatever they choose to do, unless you take action. What does matter is that you handle the situation promptly and properly. You'll need to go to court to 'turn yourself in' if there is actually a warrant. You really should have an attorney check it out, and negotiate the 'turn in' through the DA, so that you can avoid simply being taken away in cuffs and held in jail. Doing so shows good faith to the court, rather than you waiting to get arrested and showing up in jail jumpsuit in court after a couple days in jail.

If there is a 'mistake' and that's not you, the attorney should be able to sort it out and get it corrected; you probably will need to appear to offer proof of ID.

Feel free to contact me if serious about handling this right.

Read more
Answered on 11/21/07, 7:41 pm


Related Questions & Answers

More Criminal Law questions and answers in California