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Case Law Help...arrest Warrants

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  • #31
    Hawaii we usually get the hard copy confirmed within 15 minutes. However, if we are not doing something, i.e. writing citations while waiting for the confirmation, and we find something (drugs) when we take them in the prosecutor dumps the case because it took too long to get the confirmation.

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    • #32
      I love case law quizzes...I'm working on this one for ya G-Man...This is all I've found so far:

      Miller v. Prince George's County
      http://caselaw.lp.findlaw.com/data2/...th/052250p.pdf

      More about how a "bad" arrest warrant was still a "good" arrest on the part of the officer...but we're in the right direction.

      Synopsis: Detective does a shoddy investigation and gets arrest warrant for suspect. Trooper stops car and figures out dude has warrant. Arrests said dude. Trooper did no wrong in arresting based on the warrant.

      I realize it's not quite what you're looking for....but give me some time

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      • #33
        Originally posted by Smurfette_76 View Post
        What would you guys do if that was a murder warrant or child molestation warrant?
        When my dispatcher calls me back and tells me that no confirmation is recieved within the required time period, it's "adios". I'll have by then already noted all descriptors I can of persons or vehicle and any details picked up in conversation.

        When I first got the hit, my dispatcher contacted the originating department who entered the want. It is expected that they can lay their hands on any warrant and confirm same within a reasonable time frame.

        If not, it's reasonable to believe it's been withdrawn or already served.

        In any case, a failure to be able to confirm a warrant within a reasonable time is a short coming of the originating agency, not I.

        We have a specific time line and we've seen guys sued, and loose.

        When I get a warrant, there are specific time requirements within which I am required to enter the person into V?CIN and / or NCIC, it's some different for felonies and misdemeanors. I also fax a copy to my dispatcher and I place my original in a warrant file at the office immediately so that it may be retrieved by someone if needed and I am off on a road trip 2500 miles away. If I have an entry, the original is in the book. If no one can come to the office and retrieve it within the needed time, I expect the agency or other officer requesting the confirmation will likewise, let them go. We will divert a man from a wreck call to go lay hands on that warrant and call someone out to work the wreck if need be.

        As others said, yes, I can arrest on a wanted entry provided my dispatcher tells me the hit is confirmed. I'll get a copy to execute while at the jail / magistrate.
        Last edited by t150vsuptpr; 10-21-2009, 09:13 PM.
        "That's right man, we've got mills here that'll blow that heap of your's right off the road."

        "Beautiful Daughter of the Stars."(it's my home now)

        >>>>> A Time for Choosing <<<<<

        Retired @ 31yr 2mo as of 0000 hrs. 01-01-10. Yeah, all in all, it was good.

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        • #34
          Thanks guys, especially those who took the time to find the court cases....after reading them all it is starting to come together.

          I have con-ed in a few weeks at the academy and I will ask our law instructor.

          G-man
          1*

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          • #35
            From the CAli Penal Code

            842. An arrest by a peace officer acting under a warrant is lawful
            even though the officer does not have the warrant in his possession
            at the time of the arrest, but if the person arrested so requests it,
            the warrant shall be shown to him as soon as practicable.


            850. (a) A telegraphic copy of a warrant or an abstract of a
            warrant may be sent by telegraph, teletype, or any other electronic
            devices, to one or more peace officers, and such copy or abstract is
            as effectual in the hands of any officer, and he shall proceed in the
            same manner under it, as though he held the original warrant issued
            by a magistrate or the issuing authority or agency.
            Today's Quote:

            "The difference between stupidity and genius is that genius has its limits."
            Albert Einstein

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            • #36
              FWIW, we detain pending confirmatiion when we get a hit. Once radio confirms, it's an arrest.

              I dont know if waiting to confirm and then arresting is a good idea. The BG in all likelyhood already knows that he has paper and what it's for. I would recommend getting control as soon as you can to minimize risk.

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              • #37
                There's nothing saying you can't handcuff to detain as you have RS or PC that a warrant exists. If its not valid, release him and everyone goes on about their way.
                sigpic

                I don't agree with your opinion, but I respect its straightforwardness in terms of wrongness.

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                • #38
                  Smurfette,

                  That's what I do almost always.....I tell them they are not under arrest but just being detained and hooked up for everyone's safety. I tell them if everything checks out the handcuffs will come off.

                  G-man
                  1*

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                  • #39
                    Here is some case law

                    http://caselaw.lp.findlaw.com/data2/...th/033427p.pdf

                    http://caselaw.lp.findlaw.com/data2/...h/0610795p.pdf

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                    • #40
                      The biggest problem I was having several years ago was with warrants held by 2 of the big Municipal PS up here, in that their CPIC operators were asking us to cuff, stuff & transport when it was obvious that the matters were such that the "client" would be subject to release, without or even with cash bail and other conditions that we could set, either roadside or before a JP. I would then ask to speak directly to the watch commander to discuss this and we would agree to release conditions.

                      These situations have since improved - partly this was due to the operators not checking with the commander at all, or the commander not having reviewed their file sufficiently, or that it was their Agency's policy to only release before the watch commander / officer in charge, while I and my partners were our own de facto commander / o ic given that we were almost always working alone. That, plus many times "clients" were most likely NOT going to see the inside of a jail upon conviction anyways!
                      #32936 - Royal Canadian Mounted Police - 1975-10-27 / 2010-12-29
                      Proud Dad of #54266 - RCMP - 2007-02-12 to date
                      RCMP Veterans Association - Regina Division member
                      Mounted Police Professional Association of Canada - Associate (Retired) member
                      "Smile" - no!

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                      • #41
                        It's not case law but the "Rules for Criminal Procedure" that you need to check. The rule that allows you to serve a warrant without actually having the warrant in hand only applies to warrants issued in court cases. The problem that you are having is because the warrants are being issued to the Sheriff's office. Since they aren't staffed 24/7 they can't enter the warrants in CLEAN or NCIC because there isn't any one available to confirm the warrants on a 24 hour basis. My county solved this by having the warrants entered under the DA's ORI which is held on the local PSP terminal. In Northhampton Co it's probably either the Belfast barracks or the City of Easton that holds the DA's ORI.
                        Last edited by PABear31; 10-27-2009, 03:19 PM. Reason: spelling
                        When Society makes war on its police, it better be prepared to make friends of its criminals.

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                        • #42
                          you sure?

                          Originally posted by Smurfette_76 View Post
                          There's nothing saying you can't handcuff to detain as you have RS or PC that a warrant exists. If its not valid, release him and everyone goes on about their way.
                          Actually there is case law out there addressing using handcuffs on someone that is not an immediate threat; ie armed or actively resisting. I'll go even further on this issue: On a traffic stop you decide you are going to run a warrant check on the driver, do you routinely remove the driver, handcuff them and then continue with the check? A warrant is not valid unless it is confirmed by the entering agency!

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