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  1. #1

    Default Search Warrant vs. Bench Warrant

    My question involves search and seizure law in the State of: Arizona


    Did police at my house to serve a bench warrant to my girlfriend for failure to appear have the right to force me out of my home with my hands up and go in after her without giving her a chance to surrender? She does live with me but I am the sole lease holder and this can be proved by me providing lease agreements between me and landlord. There was nothing in plain view from outside the residence. I believe this was an illegal home invasion by police. Where can I find detailed definitions of what a bench warrant allows in regards to entering a residence.

  2. #2
    Join Date
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    Default Re: Search Warrant VS. Bench Warrant

    the fact it is her residence is what allowed this. The fact she is not on the lease alters nothing.

    I would suspect it was for something quite serious given the method of arrest.

    I would suggest you worry about her defense. Your attempt to raise hell about this won;t get you anywhere.

  3. #3
    Join Date
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    Default Re: Search Warrant VS. Bench Warrant

    Quote Quoting Robret Gillespie
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    Did police at my house to serve a bench warrant to my girlfriend for failure to appear have the right to force me out of my home with my hands up and go in after her without giving her a chance to surrender?
    Yes. They do not have to allow you to stay inside, nor do they have to give her a chance to arm herself or escape. For all they know you might aid her in a standoff or become a hostage - they have every right to direct you out of the house if they have an arrest warrant and cause to make entry.

    She does live with me but I am the sole lease holder and this can be proved by me providing lease agreements between me and landlord.
    Okay. But does she live there, too? It's not about who is on the lease, it is about whether she lives there or not.

    There was nothing in plain view from outside the residence. I believe this was an illegal home invasion by police. Where can I find detailed definitions of what a bench warrant allows in regards to entering a residence.
    This would be fact specific and you would need to consult an attorney.

    So, how were you harmed or damaged? If you have no damages (or simply minimal damages - say, to doors and such), don't expect an attorney to sue anyone for you unless you pay them money up front.

    An arrest warrant generally allows the police to make entry into the suspect's residence to make the arrest ... whether they had reasonable cause to believe she was home or no is a matter for the court to decide. But, no matter ho that turns out, it's not like they will let her free. She will face the music in any event.

    What exactly are you hoping for, here? If you are looking for a payday, nothing you have written gives any indication that you can obtain an award even if their cause to make entry was weak. If you were proned out at gunpoint in your underwear in the hot street in front of all your neighbors, you MIGHT have some grounds for compensation IF a court rules that the police acted inappropriately. Again, nothing in your post indicates this happened on its face, so you would have to speak to an attorney.

    If you are hoping for her to get off and avoid the charges she was arrested on, then you are out of luck.

    - Carl

  4. #4
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    Default Re: Search Warrant VS. Bench Warrant

    Quote Quoting cdwjava
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    Okay. But does she live there, too? It's not about who is on the lease, it is about whether she lives there or not.

    Carl
    I missed it the first time through as well.

    She does live with me but I am the sole lease holder

    she's toast and he's SOL.

    sucks to be a criminal grasping at straws.

  5. #5
    Join Date
    Mar 2005
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    Michigan
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    Default Re: Search Warrant VS. Bench Warrant

    My inference from this, "There was nothing in plain view from outside the residence", is that they found some contraband inside the house while executing the bench warrant.

  6. #6
    Join Date
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    Default Re: Search Warrant vs. Bench Warrant

    I never thought of that.
    I guess that makes him toast as well.

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