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Are confessions admissible when there was no valid arrest warrant?

Conroe, TX |

When you were illegally arrested and taken to jail and a confession was given, but the arrest warrant wasn't applied for until two or three days later, is that confession legal and admissible in a federal court of law, when it was obtained through the state?

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Attorney answers 3


Whether or not this person was illegally arrested is not a known fact. One can be arrested without a warrant , especially for a fwlony, under certain circumstances. Whether or not a confession s admisible depends on whether or not it was free and voluntary. The legality of an arrest would be a factor.

The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.


Sometimes yes. Sometimes no. Depends on the specific facts of the case.

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.


Not having a warrant does not, in itself, make an arrest invalid. Think of a situation where a police officer observes a bank robbery. Same thing, an arrest without a warrant. The admissibility of a confession is a complicated question. Maybe yes, maybe no, depending on a number of facts of the situation.

This answer is intended to be taken as general information and not as specific legal advice. You should always consult a qualified attorney and make him familiar with all the relevant facts in order to get proper legal advice. Every case is different, and they must be evaluated on a case-by-case basis. David N. Smith 812 W. 11th Street, Suite 201 Austin TX 78701 (512) 457-0100

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