Talk:Bench warrant

From Wikipedia, the free encyclopedia

When a bench warrant is issued, does it authorize marshalls to search the residence of the individual? What if the individual in question is not present at residence, and for example, a baby sitter is charge of residence w/children of questioned individual? 202.128.16.116 09:05, 15 November 2005 (UTC)faye mansapit

No, it would not. An arrest or search warrant must specifically authorize entering particular residences, and a routine bench warrant would not include such provisions. Of course if an officer spotted someone on their porch and then fled into their house, the officer could follow them in, just like they can follow someone into any building after witnessing that person committing a crime. So, it makes no difference whether or not someone else is in the residence. Typically people are picked up on a bench warrant in one of three situations: 1. traffic stop for some violation, during which a warrant search is routinely done, 2. defendant commits some other crime (perhaps petty violation) and a routine warrant search is done, or 3. defendant finds out there is a warrant out on him (often by getting a letter or phone call from their lawyer), and turns himself in. NTK 00:08, 21 July 2006 (UTC)