QUESTION
Is it legal for the sheriff to make an arrest based on warrants?
Asked on Jul 23rd, 2011 on Criminal Law - California
More details to this question:
A crime happened at a Target on the eastside of town. The person in mind was placed on citizen. They faked sick before the police came and the fled the hospital. 6 days later the police came to make the arrest claiming they had warrants and took this person to jail. It was found out the store security in law works for the police and asked for a favor. Do they have the right to come in to make an arrest lying claiming they have warrants violating his right?
7 ANSWERS
Anthony Lowenstein
It depends on several factors.
Answered on Aug 04th, 2011 at 9:57 AM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
Partner at
Law Offices of Phil Hache
4 Awards
If the officer makes an arrest based on falsifying the existence of a warrant, then it is not a lawful arrest. You should contact a defense attorney to speak about this case in more detail, and the potential defenses.
Answered on Jul 25th, 2011 at 2:37 PM
Wrongful Termination Attorney serving Huntington Beach, CA
at
Nelson & Lawless
Update Your Profile
Legal?? Any law enforcement officer can arrest you anywhere, any time, for a warrant, or for suspicion of a crime, or on a Citizens Arrest. Thats what they get paid to do. Of course you can fight the charges. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. There is no magic wand to wave and make it all disappear. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate.
Answered on Jul 25th, 2011 at 2:00 PM
Drivers License Suspension Attorney serving Redlands, CA
at
Law Offices of Matthew Murillo
Update Your Profile
If there is a warrant for an arrest, YES. An arrest can be based on nothing more than warrants. I would suggest speaking to an attorney in person. I find it strange that any office would act on nothing more than a request for an arrest from store security if no crime is actually in progress.
Answered on Jul 25th, 2011 at 1:32 PM
If there is a warrant out, the sheriff can legally make the arrest. It may have taken a personal connection to get the sheriff to do their job, but that doesnt affect the legality of the arrest.
Answered on Jul 25th, 2011 at 12:40 PM
Criminal Defense Attorney serving Orange, CA
at
Law Office of Joe Dane
Update Your Profile
They could make the arrest if the original conduct was a felony, even without a warrant, but not on a misdemeanor. This is something to discuss face to face with your (or whoever this is we're talking about) attorney.
Answered on Jul 25th, 2011 at 12:16 PM
You question is unclear but yes the police can arrest someone based on a valid warrant.
Answered on Jul 25th, 2011 at 12:16 PM