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LawHelpNow, Attorney/Lawyer
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I had an arrest warrant that i was not aware of. The officers

Customer Question

I had an arrest warrant that i was not aware of. The officers showed up at my home, entered inside my home and asked my mother for her legal status, called in her passport to verify it. Is that legal?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  LawHelpNow replied 5 years ago.
Thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.


  1. I am a licensed attorney with immigration and criminal law experience. I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification after reviewing the following information.
  2. "Is that legal?" Yes. Unfortunately, the scenario you have described did not violate the law. Primarily, this was on account of the phrase "lawful contact" contained in Arizona Senate Bill 1070. In other words, the police officers could not have simply randomly stopped your mother on the street, which would amount to impermissible racial profiling. In the course of other lawful duties such as reporting to an accident or crime scene -- or in this case executing the arrest warrant -- they are allowed to do as you have described. Complex litigation is currently underway, including an announcement just this Summer that Arizona would pursue a direct appeal to the United States Supreme Court after portions of the legislative enactment were not upheld by the United States Court of Appeals for the Ninth Circuit. So, the future is rather uncertain, but as to answering your question the bottom line is that the police officers were allowed (but not required) to inquire about the immigration status of your mother.
  3. I hope that makes sense, but please do not hesitate to write back if needed. I shall be signing off soon to attend to some other professional obligations. Please rest assured, however, that I will be sure to check for any updated posts from you when I return to this online forum.


I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.


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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

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