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  1. #1

    Default Does a Felony Warrant Give Probable Cause to Break a Door Down

    My question involves criminal law for the state of: Arizona

    I'm dumb I know. I let a friend live here for a few months. He had a felony warrant. He had a dangerous drug charge. I bailed him out back in Jan 2019. I knew he had the warrant. This was first time they knocked. His name wasn't on the lease but my address was down as I bailed him out.

    Cops came looking for him here. They knocked didn't know they were cops. They didn't say police open up. We oped the door. Unfortunately we said he was here. What would of happened if we didn't open the door? Could they bust it down? Could the manager of my complex give them the key to get in?

    They didn't know he was here? They asked 3 times if he was here. We didn't want to lie. This is in Arizona.

    Yes I looked up hiding a fugitive it's a felony 5 in Arizona. Thankfully we didn't do that all 4 of us would of went in.

  2. #2
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    Default Re: Is a Felony Warrant Enough Probable Cause to Break a Door Down

    If that was his residence of record (as you indicate it was), and there existed a felony arrest warrant, if they had any reason to believe he was inside they could have forced entry if they wanted to.
    **********
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  3. #3
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    Default Re: Is a Felony Warrant Enough Probable Cause to Break a Door Down

    Quote Quoting Tpatzo2018
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    Thankfully we didn't do that all 4 of us would of went in.
    You did the right thing.

    NEVER take the rap for a criminal.

  4. #4
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    Default Re: Is a Felony Warrant Enough Probable Cause to Break a Door Down

    Quote Quoting Tpatzo2018
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    We oped the door. Unfortunately we said he was here. What would of happened if we didn't open the door? Could they bust it down? Could the manager of my complex give them the key to get in?
    No, the Manager had no obligation to provide the Cops with the key, even if they asked. If the Police insisted and he gave them the key that would be an Unconstitutional entry on their part.

    A forcible entry is permitted when executing an arrest or search warrant, if necessary, as the Rules of Criminal Procedure, Federal and Arizona, (and case law), permit it.

    The 4th Amendment Constitutionality of a warrantless entry, absent exigent/emergency factors, was settled in 1979.

    Edited to add, makes no difference what the warrant was for, Misdemeanor or Felony.

  5. #5
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    Default Re: Is a Felony Warrant Enough Probable Cause to Break a Door Down

    Quote Quoting RJR
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    No, the Manager had no obligation to provide the Cops with the key, even if they asked. If the Police insisted and he gave them the key that would be an Unconstitutional entry on their part.

    A forcible entry is permitted when executing an arrest or search warrant, if necessary, as the Rules of Criminal Procedure, Federal and Arizona, (and case law), permit it.

    The 4th Amendment Constitutionality of a warrantless entry, absent exigent/emergency factors, was settled in 1979.

    Edited to add, makes no difference what the warrant was for, Misdemeanor or Felony.
    Actually, no, it wouldn't. At least. not necessarily. An ARREST warrant for a subject can be executed at his or her home provided the police have a "reasonable" belief that the subject of the warrant is inside. This standard has been historically quite low, and reasonableness can be a very subjective thing. Is it reasonable to assume that someone may be at home at their residence during particular times of the day or night? Sure. Particularly if they are wanted and may want to minimize their exposure.

    In this instance we do not know if the officers knew the suspect was in the residence or not. But, since they were told he was, indeed, inside, that made it easy. Had he lied and denied he was inside, if the police could articulate reasonableness, they could have forced entry - including booting the door or getting the key from the landlord.

    The most likely way a forced entry would be unlawful would be if there was no "reasonable" belief that the suspect was at his residence. Even then, what would the remedy be? Suppression of any new evidence? Compensation for damages if entry was forced? Maybe some payout for pain and suffering ... maybe ... if the police were egregious in their efforts.

    Oh, and in some states, the nature of the offense (felony vs. misdemeanor) does make a difference. Misd. warrants often have a limited time of service, felonies often do not have said restrictions.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  6. #6

    Default Re: Is a Felony Warrant Enough Probable Cause to Break a Door Down

    https://www.policemag.com/341095/con...nal-home-entry

    An arrest warrant does not allow entry into a third party's home to arrest someone who may be inside but does not reside ther

    Check this link out. Is it stating we didn't need to open the door

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    Default Re: Is a Felony Warrant Enough Probable Cause to Break a Door Down

    Quote Quoting Tpatzo2018
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    https://www.policemag.com/341095/con...nal-home-entry

    An arrest warrant does not allow entry into a third party's home to arrest someone who may be inside but does not reside ther

    Check this link out. Is it stating we didn't need to open the door

    You are referring to the Steagald case, where a search warrant is required in addition to an arrest warrant.

    However since it was a probable cause belief he resided there, just not a guest, Steagald does not apply. That of course can be challenged on what the police knew, etc. Even if you knew of the Steagald requirement and it was applicable here, interfering would probably be a crime since you could not say for legal certainty of the facts known. PLUS you had no way of knowing if they had a SW or not to comply with Steagald, even if applicable.

  8. #8

    Default Re: Is a Felony Warrant Enough Probable Cause to Break a Door Down

    OK well I made the right choice in this case then but the cops didn't know he was their or u said that cause I bonded him out and that was his primary residence? I'm assuming. Even if he wasn't on the lease though

  9. #9
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    Default Re: Is a Felony Warrant Enough Probable Cause to Break a Door Down

    You definitely made the correct legal choice.

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