The Difference Between an Arrest Warrant and a Search Warrant

[kwade30]

There is an arrest warrant for Mr. Smith. The police go to his house looking for him. (They aren't called DETECTIVES for nothing.) Mrs. Smith answers the door, steps outside, closes the door behind her, and asks why the police have stopped by.

Cops say arrest warrant, they want to go inside to look for Mr. Smith.

Mrs. Smith says he doesn't live here anymore; she has to take care of a child... food in the oven... or some other excuse. She says she has to go now.

Cops bring up the "if you have nothing to hide, you'd help us out by letting us in."

Smith stands firm.

Cops threaten to charge her with interfering with official acts; etc.

Mrs. Smith stands firm. She says to cops "if you had a search warrant, then I guess you could look around. If not, we have nothing else to talk about." She closes the door and locks it behind her.

1. Does having an arrest warrant give cops permission to enter a house and search it for a specific person if the owner of the house DOES NOT give consent for entry?

2. Could they really charge her with interfering with official acts?

3. Is a person with a misdemeanor warrant a "fugitive?"

4. If so, could Mrs. Smith be charged with harboring a fugitive if Mr. Smith really was there?

5. How about aiding and abetting if she looks to see if cops are waiting around for Mr. Smith to leave for work, nabbing him as he pulls out of the garage?

Would the above be a suitable strategy?

I have a warrant for me; the cops have stopped by. I do live in another town, but I go to her house for my son, and stay over a few times a week. She currently just doesn't open the door at all. (But a 3 yo boy is not quiet. The cops can hear things going on inside, and they know there are people inside.)

Any other strategy to get the cops to stop bothering her until I can get bail money, turn myself in, and bond out?

Thanks!

[cdwjava]

I am not familiar with Iowa law on the matter, but generally if the residence for the suspect is the same as that on the warrant, they would be free to look for him in the residence whether you gave permission or not.

Hiding someone in such a way is a surefire way of getting the cops ticked and guaranteeing that child services and everyone else will get involved. Mom does not want the kind of trouble that can result from hiding and concealing a wanted person. If mom wants to risk losing her child, she can continue to play the game. if you want to risk the mother's freedom and her custody of the child, you can go ahead and keep putting her at risk.

- Carl

[kwade30]

in other words,

it's a REALLY bad plan.

Thanks for your input.