# Does an unserved warrant hurt?



## jks9199 (Oct 4, 2009)

I just read an interesting article regarding arrest warrants.  In brief, guy who's a Special Conservator Of the Peace in Virginia (basically, like a security guard with full LE authority) who does business in DC learns that DC has obtained a warrant charging him with possession of unregistered & unauthorized firearms.  DC withdraws the warrant before it's served, and indicates that they won't prosecute him.  But... he's been unwilling to face possible arrest by going into DC, thus he's losing work.  He sues the District, alleging that they've done him harm...  The district court judge dismisses the case, saying the guy lacked standing since he was never arrested.  The circuit court also dismisses the case, and the guy is now appealing saying that the dismissals were wrong.

Lots of food for thought here... Was there a 4th Amendment violation?  He wasn't arrested, but apparently there wasn't PC to issue the warrant in the first place, either.  What does this case end up saying about times when cops arrest someone, and the prosecutor chooses not to prosecute?


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## Bob Hubbard (Oct 4, 2009)

If the warrant is withdrawn, that means it's null and void, right?


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## jks9199 (Oct 4, 2009)

Bob Hubbard said:


> If the warrant is withdrawn, that means it's null and void, right?


Yeah; if the warrant is withdrawn before service, it's gone.  But from the article, I'm not 100% sure whether it was truly withdrawn or simply determined that it wouldn't be prosecuted...  And even so -- Ord (the guy named) wasn't willing to go into the District to work due to the chance of being arrested.  There was also a legitimate possibility of arrest outside of DC if the warrant was entered with extradition.  And being charged could negatively effect his status as a Special Conservator, too.


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## Archangel M (Oct 5, 2009)

Hmmm. What was the harm? What is the expected remedy?

Probably will boil down to a "monetary goal".


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## jks9199 (Oct 5, 2009)

Archangel M said:


> Hmmm. What was the harm? What is the expected remedy?
> 
> Probably will boil down to a "monetary goal".


Actually, I kind of suspect it's a "battle on principle" especially related to the guns...  Lots of that going on in DC right now...


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## Brian R. VanCise (Oct 5, 2009)

It is a very interesting case that is for sure.


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## Bill Mattocks (Oct 5, 2009)

Fascinating!  Thanks for posting this.


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## sgtmac_46 (Oct 10, 2009)

jks9199 said:


> I just read an interesting article regarding arrest warrants.  In brief, guy who's a Special Conservator Of the Peace in Virginia (basically, like a security guard with full LE authority) who does business in DC learns that DC has obtained a warrant charging him with possession of unregistered & unauthorized firearms.  DC withdraws the warrant before it's served, and indicates that they won't prosecute him.  But... he's been unwilling to face possible arrest by going into DC, thus he's losing work.  He sues the District, alleging that they've done him harm...  The district court judge dismisses the case, saying the guy lacked standing since he was never arrested.  The circuit court also dismisses the case, and the guy is now appealing saying that the dismissals were wrong.
> 
> Lots of food for thought here... Was there a 4th Amendment violation?  He wasn't arrested, but apparently there wasn't PC to issue the warrant in the first place, either.  What does this case end up saying about times when cops arrest someone, and the prosecutor chooses not to prosecute?



I think the court is right in that the warrant was withdrawn before any tangible harm was done.


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