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Hey guys, it's Anthony Bandiero here with blue to gold law enforcement training. I want to share another question I got from a student in New Orleans. I'm about to head back to the airport. But this is a question that is excellent because it does come up quite often. The question is, if officers have an arrest warrant, can they serve it at a third party's home? Not just the suspect's home or where they live?

And the answer is no. The reason is, is that this is called the steagle rule. What the US Supreme Court says is that the an arrest warrant gives you essentially automatic authority to search for that suspect that fugitive at their domicile, that is that level of intrusion is included with the arrest warrant. So when a judge signs off an arrest warrant, they are essentially also signing off on the ability to search for that person at their domicile. Because that is not highly intrusive. It makes sense that if you have an arrest warrant, well, where would they be? Well, either they're in public, which implicates no Fourth Amendment really issue. But if they're at their home, it makes sense that that's where they would be captured. But one other issue with that is if you are going to serve that arrest warrant at their home, you do have to articulate that you have reason to believe that they're presently home before you execute the search warrant—so valid arrest warrant, at their domicile. And at the time of execution, they are presently you have reason to believe they are presently inside the home. If those three things exist, you can serve the arrest warrant at the house in the same manner, as if you had a search warrant, which includes forced entry after knocking announce now, with when the person flees to a third party's home, or it happens to be a third party's home, their cousins, their friends, their girlfriend's house. Well, whether or not they have Fourth Amendment standing or a fourth amendment privacy interest in that home is actually a different question. Courts will look at does the person spends the night there? You know, they have a key there, and they have unfettered access to the residence. That's what's one issue. So you may or may not be violating the suspect's rights. But you are certainly violating the homeowners rights the third party; they have fourth amendment rights to keep police out of their home to serve these warrants for other people that happen to be in their home at the time. Does that make sense? So if the person is at their cousin's house, the cousins the cousin has a right to keep police out without a different search warrant, naming his or her house in the search warrant. And that's what's going on there. So again, keep that in mind. The officer shared a story where the officer did serve an arrest warrant at the cousin's house. And that is problematic. You're going to need usually either the cousins consent or somebody who has apparent authority over the home, which they didn't have in this case, or you don't have to go back to the magistrate and get a search warrant to look for the fugitive at the cousin's house, then you can serve the arrest warrant. I hope that makes sense. I Hope I'm moving the ball forward with these discussions, and it's giving you some good feedback. Keep the questions coming. And until next time, stay safe.

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