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Felony arrest warrant Alcohol & Drugs: MIP, MIC, Intoxication

Discussion in 'Criminal Charges' started by Tpatzo2015, May 6, 2019.

  1. Tpatzo2015

    Tpatzo2015 Law Topic Starter New Member

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    Jurisdiction:
    Arizona
    I'm dumb I know. I let a friend live here for a few months. He had a felony warrant. He had a dangerous drug charge. I bailed him out back in Jan 2019. I knew he had the warrant. This was first time they knocked. His name wasn't on the lease but my address was down as I bailed him out.

    Cops came looking for him here. They knocked didn't know they were cops. They didn't say police open up. We oped the door. Unfortunately we said he was here. What would of happened if we didn't open the door? Could they bust it down? Could the manager of my complex give them the key to get in?

    They didn't know he was here? They asked 3 times if he was here. We didn't want to lie. This is in Arizona.

    Yes I looked up hiding a fugitive it's a felony 5 in Arizona. Thankfully we didn't do that all 4 of us would of went in.
     
  2. justblue

    justblue Well-Known Member

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    I'm assuming he jumped bail? And you knowingly allowed a wanted criminal to hide in your home...brilliant. Please tell me you don't have children.

    Yes...Depending on the warrant they could have had the LL let them in. Be glad that you opened the door and didn't lie.

    Prepare to be evicted from your apt.

    Why you would risk your freedom for some scumbag meth dealer is a puzzle. Perhaps you should seek therapy to find out why you are self-destructive and help over-coming the problem. Stop hanging out with criminals...they will just bring you down with them.

    I wish you the very best...
     
  3. Tpatzo2015

    Tpatzo2015 Law Topic Starter New Member

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    Constitutional Home Entry

    What about the 3rd party thing. Check the link out. Sense he didn't technically live with me they couldn't search the place. Or break the door down or whatever. Is this legit. It says it would break the 4th amendment. Would this apply sense I bailed him out and my address was down. He wasn't on my lease.
     
  4. Zigner

    Zigner Well-Known Member

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    Asking in multiple forums doesn't change the answer.
     
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  5. Zigner

    Zigner Well-Known Member

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    He did live with you, both "technically" and in reality.
     
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  6. justblue

    justblue Well-Known Member

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    Based on posting history OP is going to be dragged down with the questionable people she associates with. It's just a matter of time.
     
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  7. cbg

    cbg Super Moderator

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    What would of happened if we didn't open the door? Sorry, the crystal ball is out being cleaned

    Could they bust it down?
    They didn't, so what difference does it make?

    Could the manager of my complex give them the key to get in? I imagine he probably could have, or possibly just unlocked the door for them himself, but once again, that didn't happen, so what's the difference?
     
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  8. mightymoose

    mightymoose Moderator

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    Once you confirmed the wanted person was present police had all they needed to enter and arrest him.
    Without your confirmation they would have needed a search warrant to come in and check. That could be done within an hour. Absent a search warrant the landlord should not open for them.
     
  9. Zigner

    Zigner Well-Known Member

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    The OP has stated that the felon lived there. Upon belief that the felon was present at his residence, no search warrant would be needed.
     
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  10. justblue

    justblue Well-Known Member

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    True...But per the opening post there was a warrant for the felons arrest. I currently have the crystal ball and I see an eviction in the future for OP.
     
  11. army judge

    army judge Super Moderator

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    To be clear, you knew he was a felon, a wanted felon on the lam.

    Even IF you thought he was NOT a felon, or on the lam, if the police saw him enter your home; the police didn't need your permission to enter the premises.

    The bigger point is NOT what could have happened, its what DID happen.

    You placed the lives of everyone in your home in jeopardy, NOT the felon, NOT the police, YOU and ONLY you.

    You made a bad choice, and you could end up paying very dearly for that ignorant choice.

    As indicated above, you MIGHT be evicted.

    If you are evicted, regardless of the reason, you'll probably never be able to rent decent housing for 30 or 40 years.

    Your FICO will tumble with the mere filing of an eviction.

    Never jeopardize your livelihood, your home, your life for any criminal.

    I had a couple felons in my family tree.

    I pruned those branches and I made sure none of my close relatives associate with those miscreants.

    I had everything to lose, and nothing to gain by being around them.

    I hope you figure it out, and not fret about what this, why that; just never associate or become involved with criminals.

    When it is over you'll suffer for their misdeeds, your life will be disrupted, and they'll skip away looking for their next victim(s).
     
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  12. justblue

    justblue Well-Known Member

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    Excellent post!
     
  13. zddoodah

    zddoodah Well-Known Member

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    All we can do is guess.

    Both of these are things that we have no way of ruling out.
     
  14. mightymoose

    mightymoose Moderator

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    Police did not necessarily know he lived there or that he was present at the time. This seems apparent by the questioning and the fact that the only connection to that residence was that the OP had bailed him out.
    With the information given this is a situation that would be best to have a search warrant, but as I said earlier, once it was confirmed the person was present a search warrant was no longer a concern.
     
  15. Zigner

    Zigner Well-Known Member

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    The OP's address was listed as the felon's residence.
    I disagree that here was a need for the search warrant even before confirmation of the felon's presence.
     
  16. mightymoose

    mightymoose Moderator

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    Police must have reasonable belief the person lives there AND is currently present in order to enter on an arrest warrant. This is right out of Payton v NY.

    In the scenario given it seems unlikely they would have questioned as they did if they held that belief. Once it was confirmed then they had a green light to proceed.
    Absent that confirmation they likely lacked the requirements set in Payton and needed a search warrant.
    That the address may be listed in the warrant is insufficient. There is a higher standard.
     
  17. Zigner

    Zigner Well-Known Member

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    Neighbor said he was there. Cops make entry. Easy peasy
     
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  18. mightymoose

    mightymoose Moderator

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    Easy but weak and suspicious. Much better to not be lazy and do it right and get the warrant.
    Nothing was said about neighbors anyway. Not sure where you got that from.
     
  19. justblue

    justblue Well-Known Member

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    Zig likely saw that info on another site...OP has posted on a couple. Perusing the Px Hx is informative as well. ;)
     
  20. Zigner

    Zigner Well-Known Member

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    I didn't actually see additional info - I was just diving in to the hypothetical pool with mightymoose ;)
     
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