Spartanburg, SC asked in Civil Rights, Constitutional Law and Criminal Law for South Carolina

Q: Does a warrant have to be served once you are in police custody or are they allowed to release you and serve it later.

City Police enter my apartment with a key provided by my landlord, came into my apartment and placed me under arrest and refused to tell me what for for over an hour. Took me to an interrogation room and interrogated me for hours then released me. Picked me up again the next day and interrogated me some more and took me home. County Police come back and arrested me 5 days later under the same arrest warrant the City Police arrested me on. Took me to to county jail and had to wait 15 minutes for the city police to hand walk in the warrant that was allegedly issued by the county sheriff's. Right before my bond hearing present me with 4 additional warrants based off my interrogation. The initial warrant was for driving under suspension no dui. I later find out from the landlord that the city police presented them with a search warrant to gain entry to my apartment and not an arrest warrant. Also the landlord alledges she can't give me a copy of the warrant cause my name not on it.

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: In South Carolina, police are not required to serve an arrest warrant immediately upon taking someone into custody. They may release the individual and serve the warrant at a later time. However, if you are arrested, the police should inform you of the charges against you as soon as possible. In your case, the use of a search warrant by the city police to enter your apartment raises questions about the legality of the entry and subsequent actions.

The fact that the warrant was not in your name further complicates the situation. It's important to consult with an attorney to review the specifics of your case, including the warrants and the procedures followed by the police. An attorney can help determine if your rights were violated and what legal remedies may be available to you. Remember, every situation is unique, and legal advice should be tailored to the specific circumstances of your case.

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