Warrants
(Arrest Warrants and Search Warrants)
Arrest Warrants
If you think you might have a warrant, it is important to address the issue, as your diligence in resolving the matter timely will play a role in mitigating your case. To search the FDLE website to see if you have a warrant, click here.
The Law Office of Maggie Jo Hilliard, P.A. represents people who are the subject of warrants for failing to appear in court, triggering a bench warrant technically referred to as a capias. Whether you have an outstanding warrant for skipping bail, failure to appear or violating parole or probation, you can find useful information and advice here. Maggie Jo Hilliard, Esq. has helped people with arrest warrants outstanding on a criminal charge and successfully persuaded judges to allow bail in instances where there is no automatic right to a bond. Itis possible to get your probation reinstated with no jail time. If you learn of an outstanding warrant, call (904) 247-7600 immediately, and The Law Office of Maggie Jo Hilliard, P.A. will develop a strategy to keep you out of jail and out on bond.
It is not uncommon for wanted persons to stop reporting to their probation officer, fearing that they will be arrested. Although understandable, this is the worst possible thing you can do. It will make matters worse and increase your chance of landing in jail. Instead, call an experienced criminal law attorney to advise you about the best course of action.
Some people are not aware of an outstanding warrant until it is served and an arrest is made. This can occur during a routine traffic stop or while reporting to probation. If this happens to you, or a loved one, retain counsel as soon as possible to learn about your options and applicable laws.
Case Law
Arrest Warrant does not Automatically Give Officer a Right to Enter
Case: VPS v. State, 27 FLW Dxxx, 4th DCA
Date: May 15, 2002
FACTS: Two uniformed deputies went to a residence to serve an arrest warrant. The address was listed on the warrant along with a description of the person. A juvenile answered the door and advised the deputies that the person they were looking for was not there. They asked if they could look around and the juvenile said okay. The deputies did not find the person but did discover drug paraphernalia which the juvenile admitted belonged to him. The deputies did not go away empty-handed. They arrested the juvenile, who moved to suppress the evidence.
RULING: The appellate court ruled that the entry of the officers was unlawful. Relying on Florida Statute 901.19(1) and previous case law, the court found that there is a two-part test to determine if entry onto property to execute an arrest warrant is proper:
►First, the officer must have a reasonable belief that the location to be searched is the suspect’s dwelling. This is usually established by the address on the warrant.
►Second, the officer must have reason to believe that the suspect is currently in the dwelling.
The appellate court ruled that, in the present case, there was no showing to indicate the deputies had any reason to believe the person they wanted was in the residence. Thus, the second part of the test was not met. Entry into the residence under authority of the arrest warrant was held to be unlawful, as was the subsequent discovery of the drug paraphernalia.
"Consent to enter" might have provided authority for the officers to enter the residence, but in this case the appellate court ruled that the juvenile did not give voluntary consent for the deputies to look around. Instead, the court said the juvenile merely acquiesced to authority.
Search Warrants
If a search warrant has been served upon you and your property, it is important that you retain counsel to evaluage the legality of the search warrant.
Title XLVII, Section 933 of the Florida Statutes discusses Search and Inspection Warrants.
933.02 Grounds for issuance of search warrant.--Upon proper affidavits being made, a search warrant may be issued under the provisions of this chapter upon any of the following grounds:
(1) When the property shall have been stolen or embezzled in violation of law;
(2) When any property shall have been used:
(a) As a means to commit any crime;
(b) In connection with gambling, gambling implements and appliances; or
(c) In violation of s. 847.011 or other laws in reference to obscene prints and
literature;
(3) When any property constitutes evidence relevant to proving that a felony has
been committed;
(4) When any property is being held or possessed:
(a) In violation of any of the laws prohibiting the manufacture, sale, and transportation of
intoxicating liquors;
(b) In violation of the fish and game laws;
(c) In violation of the laws relative to food and drug; or
(d) In violation of the laws relative to citrus disease pursuant to ss. 581.184 and 581.1845;
581.184 or
(5) When the laws in relation to cruelty to animals, as provided in chapter 828, have been or are violated in any particular building or place.
933.09 Officer may break open door, etc., to execute warrant.--The officer may break open any outer door, inner door or window of a house, or any part of a house or anything therein, to execute the warrant, if after due notice of the officer's authority and purpose he or she is refused admittance to said house or access to anything therein.
For legal advice regarding warrants and the legality
of your arrest or search/seizure, please contact
The Law Office of Maggie Jo Hilliard, P.A.
at (904) 247-7600.