Legal Question in Constitutional Law in South Carolina
Can someone be held under a arrest warrant without proof of the ecused crime?
If someone submits an warrant out for someone for comitting a crime that they did not do.Can the authorities detain that person in jail without proper evidence?
Asked on 8/05/02, 7:25 pm
1 Answer from Attorneys
Charles Aspinwall
Charles S. Aspinwall, J.D., LLC
Re: Can someone be held under a arrest warrant without proof of the ecused crime
A warrant gives law enforcement the right to detain a suspect because it is a court order. It is the job of the courts to determine whether or not there is sufficient evidence to convict, but it is not the job of law enforcement to make that determination prior to court involvement.
The proper place to attack charges due to lack of evidence is in the courtroom, not in the jail house.
Answered on 8/06/02, 5:21 am
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