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  1. #1
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    Apr 2009
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    Schaumburg, Illinois, Cook County
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    Default Warrant Based on Illegal Search

    Cook and DuPage counties, Illinois

    I was arrested illegally by POLICE DEPARTMENT #1, and, because of this arrest, they also searched my car. IN the car they found various items which they had absolutely no reason whatsoever to believe were stolen - one of which was, the rest of which were not. They then called a nearby school to see if the school had had any reports of a stolen "stolen item #1". They had. They then called the owner of the item to verify that it was hers. POLICE DEPARTMENT #1 then called POLICE DEPARTMENT #2 to come and arrest me for "theft of item". I am quite sure that POLICE DEPARTMENT #2 had a warrant before they arrested me, which is probably why they were called to do the charge. Is this an illegal arrest with case dismissed because the search was illegal, or is that nullified because they had the warrant?

    Put more simply, if a warrant was obtained, but was obtained due to an illegal search, is the arrest still illegal?

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Warrant Based on Illegal Search

    you never said why the search was illegal, or was it?

    why were you stopped? How did they end up searching your car?

  3. #3
    Join Date
    Sep 2005
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    California
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    Default Re: Warrant Based on Illegal Search

    Quote Quoting mewgirl
    View Post
    I was arrested illegally by POLICE DEPARTMENT #1,
    What made the arrest "illegal"?

    IN the car they found various items which they had absolutely no reason whatsoever to believe were stolen - one of which was, the rest of which were not. They then called a nearby school to see if the school had had any reports of a stolen "stolen item #1". They had.
    Good call by the cops! Apparently your impression was wrong and they DID have a reason to believe they might be stolen ... and apparently they knew exactly who to call. Why do you think that is? Lucky guess?

    They then called the owner of the item to verify that it was hers. POLICE DEPARTMENT #1 then called POLICE DEPARTMENT #2 to come and arrest me for "theft of item". I am quite sure that POLICE DEPARTMENT #2 had a warrant before they arrested me, which is probably why they were called to do the charge. Is this an illegal arrest with case dismissed because the search was illegal, or is that nullified because they had the warrant?
    If the first department arrested you because they were aware of the arrest warrant, or if they had probable cause to believe you had committed a crime, then all this is moot.

    Consult local counsel ASAP. And cease your criminal ways before you spend more time in jail or prison.

    - Carl

  4. #4
    Join Date
    Apr 2009
    Location
    Schaumburg, Illinois, Cook County
    Posts
    21

    Default Re: Warrant Based on Illegal Search

    jk: Why the search was illegal doesn't matter. It was illegal, and that will be easy to show in court. The only thing I need to know is whether or not it is considered legal to issue a warrant and arrest somebody based on the results of an illegal search.

    cdwjava: It doesn't matter why the search was illegal. The search WAS illegal. That is all you need to know. If for some reason the courts choose to ignore the fact that the search was illegal, then any relevant defenses will not be able to be used. However, that is not relevant to what the procedure is when the search IS illegal. I know exactly what to do in order to prove that the search as illegal. I am not asking for help on that front.

    The cops had absolutely no reason, whatsoever, to believe I had any stolen property. And, yes, last I checked, when a human either issues a warrant or calls a police department and tells them to issue a warrant, they are generally aware of such warrant. This is however extremely irrelevant to whether or not a warrant issued based on an illegal search is a justifiable cause for arrest. They called a school because the item in question looked like it may have come from a school, and this was the only relevant school in the vicinity.

    No arrest is "moot" based on probable cause. ALL arrests of any kind MUST have a warrant except in danger, and ALL searches of any kind MUST have either a warrant or consent, except in certain situations. There was no consent, and no exception applied. However, whether that is true or not also does not matter in my situation, because "probable cause" is irrelevant if you were arrested illegally.

    My automobile was searched illegally and a warrant for an arrest by POLICE DEPARTMENT #2 was issued based on the results of the search. The only thing I need to know is whether this is legal or not. I do not need any information about "extenuating circumstances," and etc., because I am capable of researching those things on my own or of asking more questions when and if they come up. I am aware that all evidence obtained in an illegal search is illegal, however, I need to know if a warrant being issued based on proof which now exists but could not have existed if the illegal search had not been performed is valid.

  5. #5
    Join Date
    Sep 2005
    Location
    California
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    20,594

    Default Re: Warrant Based on Illegal Search

    Quote Quoting mewgirl
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    [B]cdwjava: It doesn't matter why the search was illegal. The search WAS illegal. That is all you need to know.
    But WHY do you believe the search was illegal? Is it illegal because YOU say it was illegal? Or is it "illegal" because a court of proper jurisdiction has ruled the search unlawful?

    Just because you say it is so does not make it true.

    The cops had absolutely no reason, whatsoever, to believe I had any stolen property.
    So they got lucky when they managed to contact a victim and confirm that the property was stolen? Wow! Those cops should play the lottery!

    They don't need a reason to act on a hunch. They need a reason to make an arrest or to effect a detention, even to conduct a non-consensual search, but they do not need any reason at all to suspect that something might be stolen.

    And, yes, last I checked, when a human either issues a warrant or calls a police department and tells them to issue a warrant, they are generally aware of such warrant.
    If you were lawfully arrested (on a warrant or via probable cause) then most any evidence discovered in your possession at the time of the arrest will be free game for them to inspect further with some few exceptions.

    Now, if PD#1 did not arrest you based upon an arrest warrant, why did they stop and search you?

    They called a school because the item in question looked like it may have come from a school, and this was the only relevant school in the vicinity.
    Sounds like good police work to me. Good call.

    ALL arrests of any kind MUST have a warrant except in danger, and ALL searches of any kind MUST have either a warrant or consent, except in certain situations.
    Where did you get THAT?!?

    First, an arrest requires only that there exists probable cause to believe that a crime has been committed and the person arrested committed the offense. It does not require absolute certainty and is a relatively low hurdle to leap.

    Second, there are a number of exceptions to the warrant requirement with regards to a search. If you were in a vehicle at the time of the arrest, there are quite a few exceptions because of the nature of the vehicle.

    My automobile was searched illegally and a warrant for an arrest by POLICE DEPARTMENT #2 was issued based on the results of the search.
    Why were you arrested at the outset? Why were you stopped/detained/arrested and searched? What was the reason that PD #1 stated as to why they arrested you?

    Yes, there ARE important questions if you want a fair and impartial opinion of your situation.

    - Carl

  6. #6
    Join Date
    Jan 2006
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    Default Re: Warrant Based on Illegal Search

    =mewgirl;311427]jk: Why the search was illegal doesn't matter. It was illegal, and that will be easy to show in court. The only thing I need to know is whether or not it is considered legal to issue a warrant and arrest somebody based on the results of an illegal search.
    whatever.



    but if this is true:
    I am quite sure that POLICE DEPARTMENT #2 had a warrant before they arrested me,
    you have already lost since they would have arrested you and then they would have been able to search the car.

    Since you have all the answers, why ask questions.

    No arrest is "moot" based on probable cause.
    what are you even talking about?

    ALL arrests of any kind MUST have a warrant except in danger, and ALL searches of any kind MUST have either a warrant or consent, except in certain situations
    should I even bother to argue this point as being wrong? It is.

    My automobile was searched illegally and a warrant for an arrest by POLICE DEPARTMENT #2 was issued based on the results of the search.
    the police do not issue warrants. Courts do. You said they already had the warrant anyway.

    I am aware that all evidence obtained in an illegal search is illegal, however, I need to know if a warrant being issued based on proof which now exists but could not have existed if the illegal search had not been performed is valid.
    again, not true, always and in your situation, I do not believe it would be true, based on your rendition of the story.

    But hey, you already have all the answers so why do I bother?

    So, to give you an answer to your actual question:

    The only thing I need to know is whether or not it is considered legal to issue a warrant and arrest somebody based on the results of an illegal search.
    Sometimes

  7. #7
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    Aug 2007
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    Default Re: Warrant Based on Illegal Search

    Quote Quoting mewgirl
    View Post
    My automobile was searched illegally and a warrant for an arrest by POLICE DEPARTMENT #2 was issued based on the results of the search. The only thing I need to know is whether this is legal or not. I do not need any information about "extenuating circumstances," and etc., because I am capable of researching those things on my own or of asking more questions when and if they come up. I am aware that all evidence obtained in an illegal search is illegal, however, I need to know if a warrant being issued based on proof which now exists but could not have existed if the illegal search had not been performed is valid.


    Murray may offer some guidance, also citing Wong Sun, a seminal 4th AM case. This is exclusionary rule law.

    Held: The Fourth Amendment does not require the suppression of evidence initially discovered during police officers' illegal entry of private premises if that evidence is also discovered during a later search pursuant to a valid warrant that is wholly independent of the initial illegal entry. Pp. 487 U. S. 536-544.




    http://supreme.justia.com/us/487/533/case.html

    Your state constitution may or may not afford more protection.

    Here is a recent ER case. although the warrant obtained was NOT based on an illegal entry/search, etc., just for some reading edification.


    http://www.law.cornell.edu/supct/html/04-1360.ZO.html

    Quote Quoting jk
    View Post
    the police do not issue warrants. Courts do.

    Just as a side note and it has no bearing here, in some rare cases, as in my state, a Warrant officer, a police officer of a high rank probably, can issue an arrest warrant for Municipal violations only.

    I believe I am correct in that!

    Only a Judge can issue a search warrant though, true.

  8. #8
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    Jan 2006
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    Default Re: Warrant Based on Illegal Search

    Quote Quoting BOR
    View Post


    Just as a side note and it has no bearing here, in some rare cases, as in my state, a Warrant officer, a police officer of a high rank probably, can issue an arrest warrant for Municipal violations only.

    I believe I am correct in that!

    Only a Judge can issue a search warrant though, true.
    are they issuing an actual warrant or is it some sort of (for lack of a better term) a temp warrant until a judge can review and confirm?

  9. #9
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    Aug 2007
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    Default Re: Warrant Based on Illegal Search

    Quote Quoting jk
    View Post
    are they issuing an actual warrant or is it some sort of (for lack of a better term) a temp warrant until a judge can review and confirm?

    Under authority of Shadwick, if I am not mistaken, the Clerk can also appoint select personell to issue arrest warrants.

    I believe I am correct I have heard of them in Ohio, a Warrant officer that is, but I could be wrong.


    http://supreme.justia.com/us/407/345/case.html

  10. #10
    Join Date
    Jan 2006
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    Default Re: Warrant Based on Illegal Search

    I guess it would make sense that a "warrant officer" would issue warrants.

    sounds a bit risky but I don't see anything illegal about it.

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