Can a warrant to search a home arrest an Innocent who was not involved with the crime and had no idea about?
I know someone who has been charged with a crime she has no idea about. Because of a propable cause from a warrant, The police found evidence and ended up arresting everyone who was in the home. I need answers. Please Help. Are they only suppose to arrest the person that they think was involved or do they arrest everybody including the innocent?
Answers:
You do not provide enough details. The Police served a search warrant and found some evidence. They arrested your friend who claims to know nothing about this mystery evidence.
If you explained what the charges were, what this evidence is, where it was found, etc. I might be able to give you an answer.
If they served a search warrant on a chop shop and your friend was helping pull the axle off of a car then the arrest is valid. If they served a search warrant on a restaurant your friend was having dinner at and arrested them for the cocaine found in the storeroom then I would say they should higher a lawyer.
Only those named in the warrant must be arrested. However, if the policemen chanced upon others in the act of committing a crime, there is still a valid arrest.
What were the others arrested for?
She could be facing trouble. She needs to find a way to prove she was not involved. People to verify whereabouts, pictures, video, etc.
Only those on the warrant. Also they cannot search some placed other than where stated on the warrant, so it's always good to ask to see the paper. However, to prove she is innocent, she might have to testify against someone.
A warrant to search is not the same as an arrest warant. In order to arrest you they would have to have grounds for laying charges. If you are not involved and they cant prove you are then there are no grounds for them arrest you.
It is not illegal to visit someones house. Yet!
Was she just taken into the police station? Or was she charged with a crime? If she was just brought into the pd then it was probably for investigation to see if she was involved. If she was charged with a crime then she either had to bond out or go to court in the morning. Either way its legal.
Sorry dude, they can arrest everyone! and unless she has proof she wasn't involved then she's screwed. She'll probably get probation if she's never done anything wrong.
She was at the wrong place at the wrong time, and now she has to pay the consequences of someone elses irresponsibilities. The best thing she can do is stay away from that house and the people involved, Then she should start making some changes in her life very quickly so that when she goes to court the judge can see some improvement.She may want to get a lawyer since the appointed ones really don't care much about what happens to her. Good luck!
They can arrest her... if she was there when the warrant was executed, and depending on what was going on in the house, they will arrest her, figure out if she has a role in whatever crime was committed... if she is innocent, they will drop the charges. pretty quickly usually.
I am assuming it is a drug or gun charge. It depends on what the arrest was for. If they had a warrant for guns, for example, and your friend was seen with a lighter and they search the sofa where she was sitting and there is a joint there -- they can arrest her for the drugs because there is probable cause to believe she had committed the crime.
That doesn't mean, however, that she will be tried, or convicted. It may be that someone else will admit to her not knowing and she will just be freed. IF not, she needs to find a good criminal attorney, or get one appointed for her.
Yes, anyone who is in a home that has corrupt things going on, the Police can arrest everyone. BUT , with the help of a good Lawyer, the innocent one can prove her/his innocents and charges will be dropped. If the charges of manufacturing hard drugs, like Meth, then it becomes more difficult to prove innocence. Meth brings big time sentences.
In any police investigation, they can have a hard time sorting out the truely innocent of anything, from those involved in the alleged crime, because most everybody is trying to cover up stuff that has nothing to do with the crime the police are investigating . like maybe someone is sleeping around and not want that to come out, or someone did some minor pilferage.
The police do some legal raid, search, and they find people there who they did not expect to find ... they have no idea if those people involved in the crime. They sure do want to question them, run background checks on them, gather any kind of evidence practical, like fingerprints, DNA, where those people were when some crime occurred.
The State of Ohio Supreme Court (as well the U.S. Supreme Court) and a number or other courts, I'm sure, have discussed this topic at length.
In my state, a person can be arrested with a warrant, if an officer has within his knowledge, information necessary to persuade a reasonably prudent person that a crime has taken place. A citizen, too, may make an arrest, if he or she believes that a felony has taken place (although, it's highly probable, that a claim for false arrest may be brought against the arresting individual).
If a warrant is issued, the warrant must specify the people to be arrested, and the places to be searched -- AND what is being looked for.
The Supreme Court has held in the past that a blank warrant is invalid, and that the warrant must specify the items to be located, to limit the search space available to the police. If they're looking for a snow-board, it isn't probable that it will be in a bed-side stand. . . so they have no reason to search a bed-side stand (unless the stand drawer is open, and they see something they suspect to be marijuana or cocaine).
To arrest the others is not so uncommon -- most likely, unless the others are detained for a prolonged period of time without being charged with a crime (the courts have held that if due diligence is carried out, that over the weekend is not a prolonged period of time) then they may well have no claim against the arresting officers, even if they were not named on the warrant -- the reason for this is that the officer can arrest anybody he thinks to be involved in the comitting of a crime -- if the people where all there, he can arrest all of them (even if only for the purpose of obtaining information).
If I were you friend, I would definitely contact a good criminal lawyer (even if she did nothing wrong).
And my advice is . . . whatever she does, urge her to reveal nothing more than is required to be revealed by the Geneva Convention. . . name and rank.
Anything beyond that CAN and WILL be used against her -- a denial of an act CAN be used against her . . . the police are not there to be her friends. . . they don't want to help her -- they want to put her behind bars.
My name is . . . . my birth date is . . . . my social security number is . . . . I need to contact an attorney before I give you any other information.
remember, the police can lie to you to get you to say whatever they want out of you -- they do NOT have to tell you the truth.
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