i had some trouble and called the ploice,long story short they were on there friends side one month later they came and arrested me saying they had a warrent,but they did't have any papers or would tell me the charges untill I was in Jail and the jailer printed them out how could the jailer take me with no papers or warrent .
2007-01-05 18:16:17 · 12 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Are you in the states? That is illegal here. You could easily challenge that in a court of law.
2007-01-05 18:17:48 · answer #1 · answered by premise 3 · 0⤊ 4⤋
The jailer has to have a warrant or other papers stating why you are being brought into the jail for them to book you in. In all actuality, they do not have to have the papers with your file until you are magistrated. The judge has to see those so that he knows how to magistrate you.
Those officers could have been let known that there was a warrant out for your arrest. Instead of "confirming" the warrant or even carrying it in hand with them, the probably wanted to make sure that you were home or whatever first. They arrested you cause they acted on knowledge that you had an arrest warrant. When the jailer looks into the system and sees you do have a warrant, then they can take the necessary steps to confirm the warrant and book you in on that charge.
2007-01-06 01:36:49 · answer #2 · answered by deftonehead778 4 · 0⤊ 1⤋
In California, at least, the police don't need a to have a warrant in their posession to go into your house. The warrant must exist (unless there are very special circumstances), but it can be anywhere else. So they don't really need to show it to you. It's helpful to the police to have it one hand if they need to review the specifics of it when doing the search. But sometimes cops run into a situation where they need the warrant fast to enter a building and can't wait until the judge signs it way across town (or accross a county) and it gets brought to the location.
Same goes with a warrant for an arrest. It just needs to exist out there somewhere. Moreover, even if the warrant to arrest was bad or didn't exist, the remedy is not that the crime goes away. However, the remedy for a bad search warrant is that the evidence obtained with it is suppressed (unless there are special circumstances).
2007-01-05 20:26:30 · answer #3 · answered by Erik B 3 · 1⤊ 2⤋
Here in Canada all warrants go on our national computer system called CPIC. When we deal with a person we check them on the computer system. If the computer tells you there is a warrant for that person we arrest them on the strength of the computer info. and then go pick up the actual signed warrant at the police station (or court house depending). We are required to inform the arrested person of the reason for the arrest (ie. warrant for assault). We are not required to show them the actual paper at the time of the arrest because we don't have it in our hands at that time.
2007-01-05 18:31:47 · answer #4 · answered by joeanonymous 6 · 2⤊ 1⤋
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2016-05-22 22:13:43 · answer #5 · answered by Anonymous · 0⤊ 0⤋
So do you think if someone has a warrant for their arrest - that every single police officer in the entire country has a copy of it? Come on!! All the cop has to do is confirm with whatever agency issued the warrant, that the warrant is valid. "Hard Copies" are kept by the issuing agency, and faxed to whatever jail you are taken to.
2007-01-06 00:46:27 · answer #6 · answered by blondie172 2 · 2⤊ 1⤋
You are screwed. police never have warrant papers with them, and usually swear them when you are taken to jail.
Pursue it if you want, but you are just creating a problem for yourself, since you are already on the criminal side of the justice system...
2007-01-06 03:02:58 · answer #7 · answered by Boston Bluefish 6 · 1⤊ 0⤋
If they arrested you and told you that they had a warrant, and they didn't, then they could be sued for unlawful arrest. It's not necessary for them to show you, because if you resist arrest, then they will just slap that charge on you too.
It doesn't seem fair, but the question comes down to "when" they had the warrant issue for your arrest. Remember the details of your arrest and what time it was at, because the warrant will have to have been system entered prior to your pickup.
At least that's how I understand it.
2007-01-05 18:20:19 · answer #8 · answered by John D 2 · 0⤊ 4⤋
The law is usually on their side. They can arrest you and then file the arrest warrant. It is kinda like if you answer questions and they think you are guilty they will arrest you on probable cause if you don't answer they will probably arrest you any way. Get a good lawyer.
2007-01-05 18:19:21 · answer #9 · answered by bicentennialbuck 2 · 0⤊ 3⤋
it depends state to state. the officer doesn't physically have to have that document in hand to make an arrest....
THE Situation warrant's the officers response.
2007-01-05 18:27:52 · answer #10 · answered by ? 3 · 0⤊ 1⤋
Cant ..but you try to prove that ..the warrant probably was issued for your arrest allowing the police to pick you up..but police did not hang around for it to be written out ..
they knew by the time they took you to the station the warrant would be ready ..it is wrong but police will probably deny it anyway..lol
2007-01-05 18:28:55 · answer #11 · answered by JJ 7 · 0⤊ 4⤋