This is what happened---
Two Depuity Sheriffs and a local Police Officer have a Civil Arrest warrant and a Criminal Arrest warrant for "Johny Jones" We know Johny lives at 222 River St Deerfield We also know that he is at the residence.

Now the Criminal warrant lists his address as "streets of Deerfield". The Civil Warrant lists his address as "222 River St Deerfield". Johny is in the home but will not answer the door. Can you enter to make the arrest under Commonwealth V Silva.

This was a real case that happened 12/21/04. We say, yes you can enter to make the arrest on the Civil Warrant as it is an arrest warrant, signed by a judge.

Any input into this. Many times a person with a criminal warrant will also have a civil warrant.

Thanks Joe

Commonwealth V Silva

What year? Link to case?

[quote="jo";p="49939"]

We say, yes you can enter to make the arrest on the Civil Warrant as it is an arrest warrant, signed by a judge.


Correct, and you believed this was his address... and he was home.

Gil, I got the case from your post on Criminal law Update posted Fri Dec 10th at 19:55.

Clouseau, Yes we had knowledge he was there, it was his address and there was mail in the mail box addressed to him. The only difference in the case law would be the entry was based on the address of the Civil warrant. Would the Civil warrant make a difference?

Originally Posted by jo";p=&quot

Would the Civil warrant make a difference?

[quote="jo";p="49952"]

No, as you stated, it was an actual arrest warrant signed by the judge.
This is the judges order to arrest.

I think it was a good call, just wondering if anyone felt otherwise as the information was based on the civil warrant. Also he is in custody and will be spending the holidays at the Franklin County House.

Originally Posted by jo";p=&quot

Gil, I got the case from your post on Criminal law Update posted Fri Dec 10th at 19:55.

:oops: oh.... and here I was searching CPS

Gil, Sorry man. I would have just posted a link but I have no idea on how to do that. I am not all that good with computers, slowly learning, very slowly.

As a Constable, this is what I know of civil process from MGLs and training at the "Constables' Office" in Chicopee.

MGLs (C. 41 S.98 ) prohibit POs from serving and executing Civil Process. My guess on this is that a Civil Capias can't be served by a PO (that it would be "executing" a Civil Process). Sheriffs/Constables can serve the Civil Arrest Warrant (Constables can also execute the Criminal Arrest Warrant, MGL C. 41 S. 94). We were taught that we can NOT "disturb the peace" by breaking in to arrest someone on a Civil Arrest Warrant.

In fact, a few months ago another Constable and myself attempted to arrest a deadbeat dad on a Civil Arrest Warrant in a neighboring town. As always good policy we paid a prior visit to the PD and the command officer requested permission to send a PO with us. They knew this person to be a prior problem (violent). So the three of us went out to make the arrest at ~0700. We knew he was home, but he never came to the door and we had to just leave and try again another day. Did this twice (he called us and volunteered to meet us the 2nd day), he again refused to open the door.

Now, since there was also a Criminal Arrest Warrant in the case you refer to, the PO can definitely break in with that warrant and arrest him. The PD can use any sources that they find available to them in order to get the info needed to execute their Criminal Arrest Warrant! After they get thru with him, the Deputy Sheriffs can request that he be handed over to them to arrest him again under the Civil Arrest Warrant.

In this case the sheriffs office had the civil warrant and located a wms warrant. We notified the Deerfield PD who assisted us. We made the arrest on both warrants and booked him in at Deerfield PD. Then transported him to court lock-up. My question was geared towards the case law and wondered if anyone felt that it did not apply to a civil arrest warrant. I feel it does apply It reads as follows.

Commonwealth v. Silva

Background: The defendant filed a motion to suppress heroin seized by the police after arresting him under an arrest warrant . He argued that the police lacked the authority to execute the arrest warrant in his appartment.

ISSUE: What standard must police meet under article 14 of the Massachusetts Declaration of Rights to justify entry into a suspect's residence pursuant to a valid arrest warrant-probable cause or a reasonable belief?

LAW: An arrest warrant encompasses the power to enter a (suspects) residence for the purpose of executing the warrant. A seperate search warrant is not required. The Supreme Court of the United States has held that for the purpose of the Fourth Amendment an arrest warrant founded on probable cause implicity carries with it the limited authority to enter a dwelling in which the suspect lives where there is reason to believe the suspect is within.

Article 14 like the Fourth Amendment, requires that the police, with a valid arrest warrant, have (1) a reasonable belief that the location to be searched is the arrestee's residence, and (2) a reasonable belief that the arrestee is in his residence at the time the arrest warrant is executed.

Now, we met all requirments of the law, and I see in here that there is nothing that defines a warrant from criminal or civil. A civil warrant is still a warrant for the arrest of a person and is signed by a judge.