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Do you have to show an arrest warrant if the perpetrator requests?

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  • Do you have to show an arrest warrant if the perpetrator requests?

    I was watching a 30 minute youtube video of officers that made a routine traffic stop on an individual. Turns out the guy had an arrest warrant, but the guy refused to exit his vehicle until he was shown the signed warrant for arrest. The man did say he would submit to arrest if he was shown the warrant (which he did). The police acquiesced and talked to the man professionally and calmly for a half hour until the signed warrant was attained and brought to the scene. Were the police simply doing what they could in order to keep the situation from escalating, when they knew they had a good chance of making a peaceable arrest if they were to show the warrant; or is required by law that if a citizen requests visual proof of the arrest warrant it must be granted?

  • #2
    In MD atleast you are to show the warrant at the time of the arrest or as soon as practical.

    If there is a confirmed warrant we are now playing my games by my rules. I get to call in more players to get you to comply. That wouldnt fly here in MD atleast.

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    • #3
      If my dispatch says he has a warrant, he is coming out of the vehicle regardless. I can justify it on officer safety grounds.The courts have upheld that law enforcement can make someone exit the vehicle for officer safety reasons, and a warrant would suffice. As soon as I tell him about the warrant, he is a flight risk.

      I'm a Federal officer, I'd have to get a local LEO to the scene anyways to take custody of the guy. None of that matters the least when it comes to him getting out of his vehicle. There is a difference between detaining someone and arresting them, and it isn't a detainment based on their terms either.

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      • #4
        Originally posted by Ignite View Post
        I was watching a 30 minute youtube video of officers that made a routine traffic stop on an individual. Turns out the guy had an arrest warrant, but the guy refused to exit his vehicle until he was shown the signed warrant for arrest. The man did say he would submit to arrest if he was shown the warrant (which he did).
        It would depend on what state too. Some states you can not handcuff people until you arrest them. I put handcuffs on people for officer safety and remove them when they are free to go.

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        • #5
          In California an arrest by an 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. However, if the person arrested so requests it, the warrant shall be shown to him as soon as practicable.

          Sometimes the court keeps the warrant in their files. Other times the obtaining agency maintains them. Whoever holds them usually enters the want in the state and federal wanted persons computer systems. This makes it possible to get arrested by a police department hundreds if not thousands of miles away from where the warrant is actually maintained. With this in mind, it could be days until the arrested person gets to actually see the original copy of the California warrant.

          California law says a teletype copy of the warrant from the wanted persons system is as valid as the original. If someone really pushes it, we will show them the teletype copy after they are in custody.
          Going too far is half the pleasure of not getting anywhere

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          • #6
            Thanks for the responses, and I didn't mean to put this in the hiring/recruitment section. Oops.

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            • #7
              Both California and Maryland Law on this subject mirror Alabama's. We need only the existence of a confirmed warrant to effect an arrest on it. The actual warrant (or faxed copy thereof) must be shown to the arrestee as soon as is possible. For the subject to refuse to submit to arrest after being informed of the warrant, would very probably result in an additional charge of 'Resisting arrest".

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              • #8
                If I come into contact with a subject like on a traffic stop, I will run them for warrants. If dispatch advises the subject shows warrant(s), I will ask for confirmation. Confirmation is where warrants section locates the physical warrant, making sure it is valid. When there is confirmation, I can arrest. We can also physically detain before confirmation for officer safety. If the subject won't comply because he wants to see a warrant, he is just blowing smoke to give you a hard time. Almost everyone, especially those in the criminal world know that if an officer tells you that you are under arrest, you are under arrest.

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                • #9
                  Wow!!! Im glad that's not Texas. He would be having an even worse day if he did that.

                  In texas: If I run someone through TLETS and he pops up as a wanted person, all i have to do is have my dispatch call the agency in which the warrant is out of and confirm it. Once it is confirmed I am good to go. If i tell him to get out of the car because he is under arrest and he refuses..... well i would use the minimum amount of force necessary to effect the arrest.

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                  • #10
                    Originally posted by Che View Post
                    It would depend on what state too. Some states you can not handcuff people until you arrest them. I put handcuffs on people for officer safety and remove them when they are free to go.
                    Hmmm... well I'd like to know what states those are so that I never move there. Regardless, I put handcuffs on people for many reasons. And old boy in the video would be yanked out of the car kicking and screaming if my dispatcher says they have a confirmed warrant. It would be a severe waste of time and resources to show him the physical warrant, he'll get to see a copy at the jail (which would probably be quicker to get to than having someone bring the warrant anyway!).

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                    • #11
                      That window would be broken and the driver would be forcefully removed from the vehicle. If they say the warrant is good, it is not required to be shown on scene.
                      In Memory of A Fallen Hero

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                      • #12
                        The warrant simply has to be confirmed and notice of same sent to the county jail.

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                        • #13
                          I miss wind wings.
                          Today's Quote:

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

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                          • #14
                            Originally posted by PhilipCal View Post
                            Both California and Maryland Law on this subject mirror Alabama's. We need only the existence of a confirmed warrant to effect an arrest on it. The actual warrant (or faxed copy thereof) must be shown to the arrestee as soon as is possible. For the subject to refuse to submit to arrest after being informed of the warrant, would very probably result in an additional charge of 'Resisting arrest".
                            Iowa also..................................once the person is in custody the warrant has to be read to them (served) if it is a local warrant . If from another jurisdiction he will be advised of the contents of the warrant via the NCIC return and once again in court the next morning.
                            Since some people need to be told by notes in crayon .......Don't PM me with without prior permission. If you can't discuss the situation in the open forum ----it must not be that important

                            My new word for the day is FOCUS, when someone irritates you tell them to FOCUS

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                            • #15
                              In illinois as long as the P/O has knowledge of the warrant, he can arrest. Even if the warrant had been quashed, but the P/O was acting in good faith believing it was still active.

                              The vid you saw, I believe, was in Canada.

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