Arrest, Search, Seizure, Warrant legal stop

[tracy]

A friend was stopped without probable cause but has a misdemeanor warrant out for his arrest. First, was the stop legal just on the basis that the officer recoginized him and new he had a warrant? Second, the officer driving was a cadet, who was only to be observing not traffic stops. Is this legal for the cadet to go ahead with the stop on another officers request that was a passenger in the car? Should he file a motion to supress?

 

[Michael Wechsler]

I'm not sure I understand... if the officer knew that there was a warrant out for this person's arrest, what's the problem? Second, if the cadet/officer received an order to detain this person from another officer, what's the problem? Because he was only supposed to be doing traffic stops per a prior order? That still doesn't mean the cadet lacks authority to make arrests, e.g. if he recoginizes the Son of Sam and heard that he recently escaped jail. Does it make any sense to say that the officer could only stop the Son of Sam for a moving violation?

My thought -- if an argument sounds absurd and you are merely trying to use a technicality to obscure common sense.... you are likely doing more harm than good. Your friend is in a very bad place -- a warrant for his/her arrest means he/she is likely to see little sympathy and little legal leeway to complain about an arrest. He/she has avoided the law in the reasonable sense and the law now has given authority to use other means to secure this person who is a scofflaw. That is the perception.

If the cadet had authority as an officer to make the arrest pursuant to an oustanding warrant, as it would seem likely, you have little chance here. It would be absurd to think that every cadet in the state would need the physical copy of every warrant in existence in order to make an arrest for that particular suspect.