A friend of mine is letting someone with a warrant stay with him. could my friend get arrested for harboring?
If the police come and find him there, would my friend be arrested also for harboring him?
- 10 years agoFavorite Answer
the majority of the time NO
A defendant charged with harboring a fugitive under 18 U.S.C. § 1071 could not be convicted solely on testimony that she falsely denied the fugitive was there and then insisted upon her Fourth Amendment rights when the police were trying to get in to arrest the fugitive. United States v. Harris, 2006 U.S. Dist. LEXIS 59406 (D. Ariz. August 21, 2006):
Some might contend that the presence of Briones-Lopez in the apartment for approximately two hours while Ms. Harris refused entry and demanded a warrant constitutes the kind of "physical assistance" sufficient for conviction, but the Court has difficulty distinguishing his presence in the apartment during this period from Ms. Harris' exercise of her Fourth Amendment rights. Assuming, hypothetically, that Ms. Harris had done nothing more than demand a warrant, and that it had taken officers two hours to obtain a warrant and gain entry to her apartment, the Court could not hold that Ms. Harris violated § 1071 by the presence of Briones-Lopez in her apartment for the two hours. The Ninth Circuit has held that "passive refusal to consent to a warrantless search is privileged conduct which cannot be considered as evidence of criminal wrongdoing. If the government could use such a refusal against the citizen, an unfair and impermissible burden would be placed upon the assertion of a constitutional right and future consents would not be freely and voluntarily given." Prescott, 581 F.2d at 1351 (quotation omitted). In this case, the only conduct engaged in by Defendants in addition to Ms. Harris' assertion of her Fourth Amendment rights are the false statements made by Defendants to the officers. The Government has conceded this fact and has identified no other evidence that Defendants provided Briones-Lopez with physical assistance in avoiding detection by officers.
edit- you are under no obligation to turn the person in and you have no obligation to tell the police that the person is there even if they ask, so by simply letting that person stay at your house is not a crime..
-EDIT 21827 Harboring—Applicable Statutes
This chapter covers the two statutes in Title 18 which criminalize the harboring of fugitives from justice. These statutes are 18 U.S.C. § 1071 (concealing a person from arrest) and 18 U.S.C. § 1072 (concealing an escaped prisoner). Other related statutes which are not discussed in this chapter include 18 U.S.C. §§ 751 - 757 (the escape and rescue provisions), and 18 U.S.C. §§ 1073 - 1074 (flight to avoid prosecution or giving testimony provisions).
Section 1071 makes it an offense to harbor or conceal any person for whose arrest a warrant or process has been issued, so as to prevent the fugitive's discovery and arrest, after having notice or knowledge that a warrant or process has been issued for the fugitive's apprehension. An offender is subject to imprisonment for not more than one year, unless the warrant or process was issued on a felony charge, or after conviction of the fugitive of any offense, in which case the offender faces a maximum term of imprisonment of five years. In addition, the fine provisions of 18 U.S.C. § 3623 are applicable for harboring offenses committed before November 1, 1987, and the fine provisions of 18 U.S.C. § 3571 are applicable for offenses committed on or after November 1, 1987.
Section 1072 makes it an offense to willfully harbor or conceal a prisoner after his escape from the custody of the Attorney General or from a Federal penal or correctional institution. An offender is subject to a maximum term of imprisonment of three years, and a fine under Title 18.
------to the above reference----it is only a crime to conceal the criminal ,if you try to hide them . but for simply having them at your house is not a crime..
- 4 years ago
The judge would usually drop one charge or give her a break on some of the fees.She can also make payment arrangement which is very low monthly payments.They might even just keep her in a few hours when she turns herself in because in United States the jails are over crowed.She is only being arrested for the 208.40 this is what is showing up online.If she was being arrested for the 600.00,the full amount would have appeared online, so the other checks haven't been filed or hasn't shown up yet..Maybe by the time she goes to court they will show up....
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- Anonymous10 years ago
Yes they could be charged
But has to be proven friend is harboring somebody who has a warrant out for him
- 10 years ago
yep and its a felony (in texas) up to 10 years in jail and or $10,000 in fines
That caselaw was for someone that had their fourth amendment rights (illegal search and seizure) which made all evidence that they had collected not admissible.
If you get caught you goto jail for a felony.
- Anonymous10 years ago
yes...Source(s): I am a retired police officer. I retired as a sergeant, after 29 years, from a very large department, about 12,000 officers. I was a patrol officer for 4 years in a very diverse area. I was a tactical officer in the high rise project areas of my city. We called it vertical patrol in that we walked the the stairways of the high rises most of the time. I did that for 5 years and was promoted by test to detective. I worked violent crime (homicide, sex, officer involved shootings, robbery, kidnapping, serious non property incidents) for 11 years until I was promoted to sergeant. I worked as a street supervisor, a bicycle patrol supervisor and a desk sergeant/watch commander. During my time as a tactical officer and a detective I was a unit representative for the police union. I have a B.A in English and an M.S. in Law Enforcement Administration..