A bench warrant was issued for me and I was arrested in my house. What is the legal procedures they are supposed to follow?

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A bench warrant was issued for me and I was arrested in my house. What is the legal procedures they are supposed to follow?

My step brother or brother in law answered the door were there were marshals who asked for me, he semi closed the door and stated that he would go get me they then entered the house without ever showing a warrant and barged past him and came downstairs were they cuffed me, they took me out and never read me my rights or what I did and never showed me this warrant thing? They trashed my room and showed no respect to my girlfriend or me and harrased her and told her she could be arrested for sassying a officer when she was scared and her mother and father were not home.

Asked on June 20, 2009 under Criminal Law, Alaska

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If the police were at the house to get you, they can go in and take you out without a warrant.  a warrant is only needed when the police want to conduct a search or property that one has a reasonable expectatation of privacy.  the police should not have trashed the room.  if they found something searching the room without a warrant, then there could be an issue.  As far as your right - the police do not have to read you your rights unless they question you under circumstances where you reasonably believe you are in custody.  if they didnt question you, then your rights were not violated.  i suggest retaining a lawyer here.


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