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

Tpatzo2015

Tpatzo2015

New Member
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.
 
Tpatzo2015 said:
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.
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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...
 
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.
 
Tpatzo2015 said:
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.
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Asking in multiple forums doesn't change the answer.
 
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?
 
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.
 
mightymoose said:
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.
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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.
 
Zigner said:
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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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.
 
Tpatzo2015 said:
Sense he didn't technically live with me they couldn't search the place. Or break the door down or whatever.
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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).
 
army judge said:
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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Excellent post!
 
Zigner said:
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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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.
 
mightymoose said:
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.
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The OP's address was listed as the felon's residence.
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.
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I disagree that here was a need for the search warrant even before confirmation of the felon's presence.
 
Zigner said:
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.
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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.
 
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.
 
mightymoose said:
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.
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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. ;)
 
justblue said:
Zig likely saw that info on another site...OP has posted on a couple. Perusing the Px Hx is informative as well. ;)
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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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