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?
4 Answers from Attorneys
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
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.
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.
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.
Related Questions & Answers
-
Inmate custody status:unsupervised How can the system show someone as being in... Asked 11/21/07, 8:59 am in United States California Criminal Law
-
Registered sex offenders Can a registered sex offender who owns and operates a... Asked 11/21/07, 5:51 am in United States California Criminal Law
-
FBI Background fingerprint check? I was just 18 and got arrested for theft in OR.... Asked 11/20/07, 6:26 pm in United States California Criminal Law
-
Assault/Battery, should I get a lawyer? I was attacked, and then not allowed to... Asked 11/20/07, 1:20 am in United States California Criminal Law