Police may also perform a search incident to your arrest.
This means that they may search your immediate person body and the plain view area in which you are arrested. Police who have a warrant for your arrest may not search your home, car, or other location that is not in plain view.
It's understandable that you might want to know if the cops are looking for you can find out if you have an outstanding warrant [sources: free-advice, Hernandez ]: If you think there is a federal warrant outstanding, you will have to contact the . By the end of , NCIC contained 12 million active records in 21 files. For example, a law enforcement officer can search NCIC during a traffic stop to . for whom a federal warrant or a felony or misdemeanor warrant is outstanding.
An arrest warrant is different from a search warrant and only authorizes police to place you under arrest. If police ask if they can search your home, car, or other location not in plain view you have the right to say no. A search warrant is a legal authorization from the court for police to search a specific location or locations for specific evidence.
A search warrant overrides your right to be free from unreasonable searches and seizures. The search warrant makes the search reasonable. Police who ask for a search warrant must persuade the judge that a crime has been committed and evidence relevant to that crime is likely to be found in the location s listed on the search warrant. A search warrant must be issued with reasonable particularity. This means that it must describe, in detail, the specific location to be searched and the specific evidence that the warrant is executed to recover.
A warrant must be so clear that there is no room for a police officer to exercise discretion or judgment during a search.
General descriptions are less likely to be upheld on a challenge than detailed and specific descriptions. Police are generally required to used search warrants within 10 days of the date they are issued. Unless exigent circumstances exist, a search warrant must be executed between 7am and 10pm.
If police reasonably believe and can show that evidence may be destroyed or a suspect may try to run a judge may authorize a search warrant to be executed at night. When this happens you have the right to ask to see the warrant.
In fact, you should always ask to see the search warrant. In most cases, police may not search your home without a your permission or b a search warrant. Review the warrant to make sure it contains all of the information that is legally required. This includes:.
If the search warrant is missing any of these requirements it may not be valid! Note, a search warrant may still be valid even if your name is not on it if the address and descriptions are accurate. If police do not have a warrant or do not have a valid warrant you are not required to let them into your home. Police may not use your refusal to allow them to search as grounds for a warrant.
One important reason to carefully review a search warrant is to make sure that it actually is a search warrant.
Administrative warrants — including warrants of deportation or removal — are not search or arrest warrants and do not authorize police to conduct an arrest or search. Police may try to make you believe that an administrative warrant gives them these powers. You have the right to review the warrant and, if improper, decline a search. Your attorney may file a motion to suppress based on an unreasonable search and seizure if:.
If the motion is successful the state will not be able to use the evidence it collected against you. Contact our office today to schedule a free consultation and to learn about how we can help to protect your Constitutional rights against unreasonable searches and seizures.
Can they be detained without an arrest warrant? Save my name, email, and website in this browser for the next time I comment. I was facing very serious firearms charges and decided to call Vik's office after hearing he was the best criminal defense attorney in San Diego County. Vik is very professional and precise.
He aggressively argued for my case and he pressed the prosecution for dismissal of my case. This law firm website is managed by On The Map, Inc. What are Warrants? What is an Arrest Warrant? When is an Arrest Warrant Valid? To be valid, an arrest warrant must : Contain the reason s why the officer believes the warrant should be issued probable cause ; Be based on police affidavits that are made without reckless disregard for the truth; Be issued by a detached and neutral judge or grand jury; and Contain a specific description of the person to be arrested. Embrace and deliver professional service.
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Gonzalez sheriff. Extra-Employment Log-In. Home Jail Info Warrants Search. Warrants Search. If your name appears on this list, act immediately to avoid arrest.
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The murder warrant for Taha went unserved for more than 18 months before The Dispatch contacted Anchorage police in September to ask what was being done to find the suspect abroad. NEW: Pistol Permits have been redesigned! Learn about the RCMP 's commitments and what is being done to reduce the vulnerability and exploitation of children. What is the FCRA? However, in both cases, the applicant has only two choices in terms of the way in which contact can be initiated with these state agencies. However, either of these methods could subject you to arrest immediately if it is found that a warrant is out in your name. If you believe that records from your case will be restricted, consider working with a bail bondsman or an attorney.