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If the police had a search warrant for my house and to arrest me does my name have to be on that warrant

Jacksonville, AR |
Filed under: Criminal defense

police searched my house and arrested me but my name is not on the search warrant

Attorney Answers 4

Posted

Search warrant wad for property, arrest warrant filed later at court for you. Two different things.

Claiborne H. Ferguson, Esq. is * Certified as a Specialist in Criminal Trial Advocacy by the National Board of Trial Advocacy. * Certified as a Specialist in Criminal Trial Advocacy by the Tennessee Commission on Continuing Legal Education and Specialization.

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Seth Layton Bowman

Seth Layton Bowman

Posted

The more paper is involved, the more likely something is done wrong. Mr. Ferguson may be 100% correct, but be sure to verify.

Posted

Search warrant for property needs to correctly describe the property to be searched. Doesn't much matter who is present or resides there if there is probable cause to search the property.

An arrest warrant needs to properly id the person who has been approved to be arrested.

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Posted

Don't go into details on AVVO. If the warrant did not have you name you have something interesting. Something interesting doesn't mean you know right away if you win or lose, it means you get it looked into if you are smart. There are a lot of variables. Seemingly silly and irrelevant details come into play. Questions such as did you have an overnight bag at the premises could actually decide what is evidence and what isn't. That is one out of a ton of possible examples I could give.

Be smart. Don't commit crimes, and certainly don't contact anyone over the phone who could have led to this search - such as a confidential informant. Be respectful while asserting your right to remain silent if you are arrested.

We are expressly not creating an attorney client privilege. While I am a criminal defense attorney, I am just speaking in general about the law in Arkansas and not your specific situation. I am not providing advice, I am just assessing a situation. If you are facing charges then it is serious, and you need to schedule a consultation with myself or another criminal defense attorney. My office is at www.lrattorney.com.

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Posted

While I could probalby write an entire book on what is required to arrest you, your name being on a search warrant is not one of those requirements.

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