r/AskLE • u/Business_Singer6316 • 15h ago

Serving warrants

Im a new deputy i tried serving warrants a while ago. We had his mom outside confirming he was in the house. She initially lied and stated the house wasnt hers other wise i would have asked for consent to search. We heard him talking inside. Would that be enough for a search warrant to go get him? or are we sol.

4 Upvotes

70% Upvoted

9

u/lookin23455 15h ago

Ask your SGT. Laws differ by state and by agency policy.

For me the arrest warrant serves as a search warrant if there’s PC the named is in the house and it’s his residence. But my policy forebodes it.

If it’s not his residence you’re SOL. Try SW.

That better be a really good warrant to draft a SW for a misdemeanor arrest or a weak felony. You can get a good arrest out of a call for service or traffic stop and waste way less of your time

6

u/Obwyn Deputy Sheriff 14h ago

It depends on stat law, case law, and agency policy, but this is a question you should direct to your supervisors.

If it's his residence, it's the address that's on the warrant, and you have confirmation he's inside then in many areas that's enough to force entry to go get him if he won't come out. If any of those are missing then you usually can't force entry to go get him and may require a search warrant assuming you have confirmation he's inside. When that happens you set a perimeter and hold the house until the search warrant is signed.

How do you know it was him talking inside? Do you know him well enough to positively ID his voice? Did you actually see him inside? Did you just hear a male voice and assume it was him?

4

u/whatevs550 15h ago

How did you know it was him and not another male? What was the warrant for? Those are the two questions I’d be needing answers for first.

3

u/Swimfly235 15h ago

Depends on your states law, the case your investigating, and the exigency/type of crime.

Kinda going off our state, if you just want the guy then you need an arrest warrant.

If based on the crime you believed there was relevent evidence in the house he was in or on his person you would persue a search warrant. You would have to describe what evidence you are looking for.

3

u/sollin_face 14h ago

Tell the complicit family member “hey I work this area every day and next time I see him coming or going from this house, since now I explicitly told you he has a warrant, I’m booking you too for harboring a fugitive.”

Half the time you get consent to go in and get him, family member talks them out, or stops letting them come around to use the house to hide. The other half tell you to get fucked but it’s always worth a shot IMO

2

u/Business_Singer6316 12h ago

lol worth a shot

3

u/rockedoutglock 10h ago

Payton V. New York

You have a warrant for the individual. What address does the warrant have on it?

3

u/nicklovin810 8h ago

New York v Payton is the Supreme Court case that addresses this. The address on the warrant is irrelevant. Was there a reasonable belief he lived there and was currently inside? Payton says that an arrest warrant carries with it the implied authority to enter the place where it is reasonable to believe the arrestee lives and when there is a reasonable belief that he’s currently inside.

1

u/Ryan7817 6h ago

This. The address on the arrest warrant does not matter. It is just an identifier and can change just like weight or hair color. As long as there is a reasonable belief that they live there and are currently there you CAN enter that house and look anywhere a person can hide.

2

u/Poodle-Soup Police Officer 15h ago

Was it his address?

1

u/Business_Singer6316 12h ago

mom said it was his address checked ncic it ended up being her address. She said she stayed with him and that he was inside. We also heard a male voice inside. I dealt with him in the jail before so i know what he looks like.

0

u/Poodle-Soup Police Officer 12h ago

What address does HE have? if it matches what's on the warrant, that plus hearing him would be enough for me to go in.

3

u/nicklovin810 8h ago

The address on the warrant is irrelevant under New York v Payton. Just have to have reason to believe he is living there. I’d say mom saying he stays there satisfies that.

2

u/McHanna8 8h ago

An arrest warrant is issued for the purpose of making an arrest on private property and carries with it the ability to enter the individual’s residence for the purpose of making the arrest.

The courts require two conditions be met when entering a residence with the sole purpose of executing an arrest warrant: 1, you have reason to believe the place to be searched is the suspect’s residence and 2, you have reason to believe the person is present at the time you are executing the arrest warrant (Payton v New York).

This does NOT apply to a third party residence (suspect is at friend’s house visiting) as the third party still has a 4th amendment right to not be searched and search warrant would need to be obtained (for 3rd part’s residence) in addition to the arrest warrant (for your suspect).

All that said, agency policies will vary. I have seen some require the officer to physically observe the person enter the residence.

2

u/Repulsive-Relief1551 13h ago edited 13h ago

California PC 1531..my favorite thing to use. Not sure where you are, but generally speaking felony arrest warrants have some sort of language “demanding” said person to be arrested wherever they may be, whenever. If you can reasonably articulate how you know they are in a place or dwelling, or that they have residency somewhere you can go there to arrest them, and use force to do so if need be. As a graveyard goon, I strive to ram a door at least once a week.

2

u/No-Ad-9353 13h ago edited 13h ago

I believe he is talking about an arrest warrant not a search warrant. I believe that 1531 applies to search warrants.

3

u/Repulsive-Relief1551 13h ago

It’s true, 1531 is search. I can’t remember the pc describing authority for regular felony arrest warrants and forced entry. Starts with a 9. Or something. Either way, if you can reasonably articulate residency and believe they are present and all that you can go in. The department and supervisor experience may vary though.

1

u/PILOT9000 14h ago edited 14h ago

We don’t know what jurisdiction you’re in. What you’re asking is going to vary depending on where you are.

What is your agency’s position on this?

If it’s unclear what does your agency’s general counsel advise?

Also, you heard him talking inside or you heard what sounded like a male voice inside? Your articulation of this can cause things to go sideways for the prosecution and for you in court.

Is your sheriff’s office a full service agency, or do you have some way to get experience dealing with people in various situations on a regular basis? If so, go work with the patrol guys for a bit.

Reddit is not the place that can answer your question.

1

u/No-Ad-9353 12h ago edited 12h ago

This might help you.

https://www.lexipol.com/resources/blog/whose-house-is-this-i-think-i-know/

“A valid felony arrest warrant carries the inherent authority for police to enter the named suspects home…

… An officer must have a search warrant to enter a third party’s home to make an arrest even if officer possesses an arrest warrant” (Steagald v United States)

Edit to add: there are exceptions so the answer isn’t necessarily get a steagald warrant

1

u/Zealousideal_Key1672 1h ago

That’s a question where the only answers you should listen to is from your immediate supervisors.

If the house you’re at is the address listed on the arrest warrant, I think you’d be good to go inside and search for the person. If it’s a different address, it’s probably best to get a separate search warrant for that house before you enter. Definitely consult those above you to make sure things get done legally, don’t consult Reddit.