Q.

My center frequently has law-enforcement officers appear at one of our residential treatment programs with a warrant for the arrest of a resident.  I want to know what to do when the officer knows that the resident is in treatment at our facility. I want to protect the confidentiality of our other residents.  I also want to know whether the officer has the right to enter our property to make the arrest.

 

A.

In order to determine the authority of the officer, I suggest that you ask the officer to show you the warrant. It should be read carefully. The warrant should define the officer' s authority. It is possible, however, that the officer will not have the warrant with him. If so, the officer still has the authority to make the arrest. 

When the officer discloses his purpose, it is my suggestion that you ask to bring the resident to the officer rather than having the officer go through the building. However, if the officer refuses you should not interfere with the officer in any way in the execution of the warrant. The officer has a right to forcibly enter a building when authorized to make an arrest. If you interfere with the officer your interference may constitute the crime of obstructing the officer in the lawful performance of his duty. I am enclosing a copy of the Florida statute which gives the officer the authority to forcibly enter a building pursuant to an arrest.

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