Accusations of Identity theft and fraud were made. They raid the home of the accused and find laminate paper and financial documents. Can they legally do a felony stop if the reasons for arrest were identity theft and forgery?? No warrant for their arrest, just probable cause. is this legal??
Federal Crime Lawyer
I am not sure what you mean by a felony stop, but they can make an arrest without an arrest warrant if they have probable cause to believe that the person committed a crime.
This answer is provided for educational purposes only and is not intended as the practice of law in any jurisdiction in which I am not licensed. The answer does not constitute legal advice nor does it create an attorney-client relationship. The answer is based only on the information provided, and may be inaccurate in the context of additional facts that have not been provided. The questioner should be aware that I am only licensed to practice law in the state and federal courts of Minnesota. Accordingly, before taking any action or refraining from taking any action, the questioner should consult with an attorney licensed to practice in his or her jurisdiction.
Criminal Defense Attorney
I have no idea what a felony stop is but if a law enforcement officer has probably cause that a crime was committed s/he can make an arrest. Having said that, a search warrant would be needed to "raid" a home. Without a search warrant the police would need an arrest warrant to make an arrest of someone in their own home. The accused should certainly get him/herself an attorney ASAP.
2 lawyers agree
Family Law Attorney
In Washington, a stop and an arrest can occur if there is probable cause to believe a felony has been committed by the person being stopped. I suggest you retain a criminal defense attorney as soon as possible. There may be other legal issues that need to be addressed, such as what the basis was for the raid of the home.
Social Security Lawyers
I think your question is something to the effect - without a warrant for arrest, based solely on the evidence found at the house with a warrant - can police hunt down and arrest someone connected with the home and the documents?
The answer is yes. Yes they can. Typically they should get the arrest warrant before doing so, but sometimes things move too quickly. If a person is arrested without an arrest warrant, there has to be a hearing within 48 hours after the arrest. This hearing is ONLY for the purpose of having the judge rule that probable cause existed at the time of arrest, for arrest. This hearing after the fact, takes the place of the arrest warrant in advance.
Hope this helps!
4 lawyers agree