Legal Question in Criminal Law in Pennsylvania

Bench Warrant Execution in Misdemeanor Arrest

An arrest occurred on a Bench Warrant covering 2 counts each of S 18 cc. 2709 Harrassment and Stalking (M1, M1, M3, and S). Three PA State Troopers entered the home while the defendant was sleeping, two of them then entered the third floor bedroom with weapons drawn. Defendant was read the charges downstairs and the arrest was made. This seemed highly irregular given that the charges were misdemeanors, and the defendant had no prior criminal record at all, and no history of violence. Please advise if this arrest was within PA guidelines, or if any o fthe defendants rights were violated (particularly the entry into the home without addresing the resident. (Defendant was home alone at the time of the arrest.)


Asked on 8/15/07, 10:02 pm

2 Answers from Attorneys
Brian Zeiger Levin & Zeiger LLP

Re: Bench Warrant Execution in Misdemeanor Arrest

The arrest may or may not be ok depending on the overall case. I cannot answer your question properly without first reading the warrant and the discovery. It is possible that what you stated in your question could in fact be legal, but i just can't tell you with out a lot more information. You should ask your lawyer this question after they have received discovery from the district attorney. good luck.

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Answered on 8/16/07, 7:30 am

Re: Bench Warrant Execution in Misdemeanor Arrest

It may have been overkill, but weather it was improper is some way is a difficult question. Perhaps someone told the police that the guy slept with a loaded gun under his pillow or had his house rigged to blow, or that there were probably other people there who could be violent. Also, what were the damages suffered if any? If the guy was subject to arrest, they can arrest. Are you alleging there was someone behind the "overkill"? someone abusing their authority? You have seen To Catch a Predator I assume? You know they do not ned 5-6 officers to arrest those guys. The idea is, it you have it, use overwhelming force, and disorient the person by having several people shouting directions to the perp. This is MUCH safer for th police, because it makes the chance of resistance much lower. Also, for a civil claim you have to have damages.

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Answered on 8/16/07, 12:00 pm


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