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I work in a district where my sheriffs don't like to authorize arrests on parole revocation warrants b/c then they're stuck holding these defendants in their jail. So, here's my potential problem: Law enforcement knows defendant has an active parole warrant. But, months go by and defendant is never arrested. An tipster tells LE that defendant has drugs in his house. LE then decides to arrest defendant on the outstanding parole revocation warrant and in the course of executing the warrant, finds a felony amount of drugs in the residence. So, our question is: Is there a successful timeliness/due diligence question that can be raised by the defense? Is a LE officer required to execute a parole revocation warrant if he has knowledge about it or can he just wait and execute it whenever LE feels that it's appropriate? Any assistance would be very helpful. | ||
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Member |
I obviously don't have all the details, but another concern here (assuming that you're charging the dope and there was no search warrant for it) is where in the residence the dope was found. Was it in plain view when the arrest warrant was executed? If not, did it meet some other warrant exception (e.g., Chimel search incident)? I think the LE officers could claim good faith even if the defense raises a lack of due diligence. After all, the warrant was still active and they were proceeding on it. I think it is a poor policy on the sheriff's part to ignore outstanding warrants that can be easily cleared, but I'm not sure it's fatal. Send me an email so I can email you something. | |||
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How would the voters of your jurisdiction feel, learning that law enforcement is failing to arrest known felons who are wanted for violating the conditions of their early release? | |||
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Member |
I'm not saying that arrests on parole revocation warrants never occur; I am saying that it did not occur in this particular case. That being the case, I am now in a quandary regarding whether there are valid suppression issues. Gretchen, you're correct. The drugs were in plain view and we did obtain an obtain a pocs indictment. I appreciate your help. | |||
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