A Franks hearing is a legal proceeding in a criminal case where you try to traverse a search warrant. Traversing a warrant means that you challenge the truth of the information that is used to support it. A Franks motion is the legal document given to the judge that sets forth your request for a hearing …
A relatively new California law involving forced blood draws, in the context of DUI cases, states that no warrant is required for the draw when: an officer directs that your blood be drawn to measure blood alcohol content (BAC), and you freely and voluntarily choose a blood test over a breath test. This law was …
A Ramey warrant is an arrest warrant issued by a California judge or magistrate before the prosecutor has filed formal charges.1 Typically, arrest warrants are issued after prosecutors file charges. It takes time for police to go to prosecutors, who then need time to review the police’s findings. Ramey warrants allow police to go straight …
A police officer is authorized to arrest you without an arrest warrant when you commit an offense in the presence of the officer and when a peace officer has probable cause to believe that you committed a felony. Technically, police officers can also make a warrantless arrest if they have probable cause to believe you …
A bench warrant is a court order instructing law enforcement to arrest you and bring you to court. A judge will issue a bench warrant for your arrest if you have failed to comply with another court order, or you failed to appear for a court hearing. Six key things to know about bench warrants …
A motion to quash a warrant is a request for a court to find a warrant, or part of a warrant, to be invalid. “Quash” means to nullify, void or declare invalid. The two most common types of warrants are search warrants and arrest warrants. If a search warrant is quashed evidence can be suppressed …
We find that there is alot of confusion out there about the different types of warrants. For example, a bench warrant is entirely different from a search warrant. In this article, we will try to provide some clarification. There are five common types of warrants used in the criminal justice system. These are: an arrest …
If you have an outstanding bench warrant for your arrest, you may file a motion with the court to recall (“quash”) the warrant. The court will then hold a hearing where your defense attorney and the prosecution can argue their positions. Ultimately, the court has discretion whether to quash the warrant or let it stand. …
A bench warrant (“BW”) is a warrant to arrest and detain you if you have either failed to appear in court or failed to obey a court order. You can clear a bench warrant by either: appearing in court before the judge, or possibly having your attorney appear in court on your behalf. Please note …
Yes. An out-of-state felony arrest warrant typically authorizes law enforcement personnel to arrest you in your home state. Depending on the seriousness of the felony offense, the police may even work with officers in your home state to locate you and facilitate the arrest. Depending on the facts of the case, you could be extradited …
No. Law enforcement officers cannot lawfully search a hotel room without a search warrant UNLESS there is a valid exception that exists. Examples of exceptions are that there are exigent circumstances, that the police are in hot pursuit, that the search is consented to, or that the search is incident to a lawful arrest. The …
People can check if they have an outstanding warrant in Arizona by the following four ways: 1. Search court records online A good place to start an online warrant search is with the Arizona Judicial Branch public access case search. It allows people to search by inputting names, birth months, birth years, and specific courts. …
In Orange County, California, the police must file for an arrest warrant against individuals they seek to take into custody. The process of issuing such a warrant is based on a preliminary request of Orange County Police Department and that issued by a judge. In any case, an arrest warrant against an individual is limited …
The Fourth Amendment provides constitutional protections against unreasonable searches and seizures by the government. This means that law enforcement needs probable cause to search you, your home, car, office, etc. With the exception of Terry Stops, the general rule is that a police search and seizure is only legal if it is: consented to; pursuant to …
Today the Supreme Court of the United States ruled–unanimously!–that police cannot search a person’s cell phone without a search warrant. The case was Riley v. California. David Riley was pulled over in San Diego for having an expired registration on his car. The police found loaded guns in his car, and then examined his smartphone. …
