Can a person legally be picked up and taken to county jail before the court has processed a warrant for the officer?
Asked in Winchester, IN on January 26, 2026 Last answered on March 31, 2026Arrested when checking in for weekly house arrest meeting. Probation called sheriff's department and told them they put in for a probation violation and court was processing it. Sheriff arrested me and took me to jail where they could not even book me in because there was no warrant issued yet. Took approximately 42 minutes before court processed and sent warrant to the county jail so I could be booked in. Probation violation was filed without an attached sentencing order because the court had neglected to file the sentencing order.
When I finally got in to court for my Probation violation the new judge dismissed all charges because there was no sentencing order. That day the judge filed the sentencing order which was 11 days before my full sentence of 6 months house arrest and 18 months Probation was due to be completed. The judge who originally started and sentenced me on my case was asked to resign to avoid other complications in his life. My case was used 3 times in paperwork to prove the judges wrongdoing and reason for him to resign. What can I do? Is there any legal standing I can file against the county or courts/sheriff's department?
1 answer
Free Consultation You can be arrested for probable cause. A warrant is not necessary for an arrest so long as there are a set of facts and circumstances that would lead a reasonable, prudent person to believe a crime has been committed and that a specific person committed it (i.e., probable cause). In your case, something must have happened in the house arrest meeting that prompted probable cause. Thus, they booked you in county jail. Because you were booked, they could not hold you unless they were charging you or alleging a violation. Being held in custody for longer than 72 hours without a charge or a violation would be unconstitutional; being booked or arrested without a criminal charge or a violation being filed is not unconstitutional. That's the difference in your situation. Unfortunately winning a case against the county or the police is an extremely difficult task. Unless it was obviously eggregious, immunity generally protects them.
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