Detective Callahan has taken out two warrants for arrest on David Scott. One is for Felony Larceny and the other is for Recieving Stolen Property. Callahan has tried to serve the warrants on Scott at the suspect's house. The suspect has moved out. One of Callahan's informants tells him that Scott has left town for parts unknown. Several weeks later Callahan gets a phone call from his informant. The informant tells him that Scott has just got back in town and is at a girlfriend's house. Callahan goes to the girlfriend's house (with the warrants) and finds Scott's car parked in her backyard. The hood of the car is warm. Callahan then knocks on the front door and a female answers the door. She tells Callahan that Scott is not in her home and she has not seen him in three weeks. Callahan thinks the female is full of it and wants to search the house. The female tells Callahan that she does not want him to come in the house. Can Callahan search the house at this point anyway?
2007-08-23 06:12:52 · 11 answers · asked by El Scott 7 in Politics & Government ➔ Law Enforcement & Police
Anytime an officer wants to enter a residence of a third party to serve an arrest warrant he will need one of the following:
1). a search warrant for the residence or,
2). consent to enter or,
3). exigent circumstances.
Neither of these exsist. The detective should post some officers on the house and seek a search warrant. I would certainly arrest the girlfriend once I found the suspect in her house.
2007-08-27 06:58:57 · update #1
No. Detective Callahan's mere suspicion, even with the car out back, is insufficient. Someone else could have driven the car.
Callahan must swear out an affidavit and apply to a judge for a search warrant.
See Steagald v. United States, 451 U.S. 204 (1981).
2007-08-23 06:23:44 · answer #1 · answered by Bill 6 · 2⤊ 1⤋
The warrant that the detective has is still valid because arrest warrants are for the person and not an address. Arrest warrants can be served at anytime, any place, where ever the officer may come into contact with the person, or places where the officer has resonable suspicion to believe the person to be.
The car being warm is a red herring. While the detective may know that the car in question is the suspects, he does not know who drove it. It does however give him reasonable cause to believe that the suspect is in the house. If the detective saw him in the house (through an open window/door etc) then he has every right to go inside, regardless of what the owner says.
The detective has three ways of going about this.
1) Inform the g/f of harboring a fugitve and the penalties that go along with it (In KY its a Class D felony) and inform her that she will be arrested as well if it is found that she is hiding him in her house and refused to turn him over.
2.) Have some officers sit on the house. Nothing is against the law to play the waiting game. Eventually she will leave (work, groceries etc) . Have her followed and if some sort of moving violation is observed, pull the car over and see where the traffic stop goes. Once she is gone, attempt to make contact again. The officers could be dressed in a pizza delivery outfit, water meter man whatever, again nothing says the police have to wear their standard uniform.
3) Attempt to get a warrant for that address, looking specifically for that person. This means that they can look in places where a person would normally be able to fit or hide, not in the breadbox or in a pill bottle. If other contraband is found in the course of the search, the detective had better have officers pull every body out of the house, go get another warrant, this time for drugs/paraphrenalia etc...because if he confiscates the items, it will then be fruit from a poisonous tree and thrown out in court. (plain view aside, if they have it in the open, they thats another matter)
2007-08-25 17:14:05 · answer #2 · answered by sixtymm 3 · 0⤊ 0⤋
No. The specific residence of where an officer is asking to search is in the warrant and the warrant that Callahan has is for another residence altogether. He can call for back up and have someone sit on the house outside until he can get new warrants instead.
2007-08-26 16:30:59 · answer #3 · answered by Rhode Island Red 5 · 0⤊ 0⤋
Due to the charges, basically theft-no worries about him destroying evidence, I would say he'd be best having a couple officers stand by the residence to make sure the suspect doesn't leave, then get a new warrant to search her house. If he's there, arrest her a$$ as well for trying to hide him.
2007-08-23 06:20:50 · answer #4 · answered by tikitiki 7 · 2⤊ 1⤋
Bill J has the best answer so far.
But with 20 years on the job, i will be able to convince the homeowner to let me in. Failure to do so will result in arrest
Texas Penal 38.05. HINDERING APPREHENSION OR PROSECUTION. (a) A person commits an offense if, with intent to hinder the arrest, prosecution, conviction, or punishment of another for an offense or, with intent to hinder the arrest, detention, adjudication, or disposition of a child for engaging in delinquent conduct that violates a penal law of the state, or with intent to hinder the arrest of another under the authority of a warrant (1) harbors or conceals the other.
An offense under this section is a felony of the third degree if the person who is harbored, concealed is charged with, or convicted of a felony.
No one has refused me yet.
2007-08-23 07:01:53 · answer #5 · answered by Michael H 3 · 4⤊ 0⤋
absent exigent circumstances, the police executing an arrest warrant may not search for the subject in a third party home without first obtaining a separate search warrant for the home
Steagald v. US, 451 US 204 (1981)
2007-08-23 06:45:36 · answer #6 · answered by goz1111 7 · 2⤊ 1⤋
Quite frankly, yes. Callahan has just cause to suspect that the person he seeks is in the girlfriend's house and may search for the suspect. Another option would be to stake the house out and call for a warrant to search her house. depending on the charge, this is probably what Callahan would do.
2007-08-23 06:19:28 · answer #7 · answered by fangtaiyang 7 · 3⤊ 4⤋
No he cannot because he does not know for a fact that the suspect is there. i would check warrants on her and if by chance she had warrants, i would lock her up and check the house to secure it and place the original suspect in custody if he was there. if she didnt have warrants, i would try to wait him out and wait for him to leave
2007-08-23 19:38:19 · answer #8 · answered by marionso14 2 · 1⤊ 0⤋
not unless calli gets a search warrant...........if calli seached the house anyway then it may void the prior warrants..
2007-08-23 09:50:02 · answer #9 · answered by wkh 1 · 0⤊ 0⤋
Not without a warrant.
2007-08-23 06:18:11 · answer #10 · answered by trawet 3 · 2⤊ 1⤋