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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 …
You were arrested for shoplifting and then released from jail on your own recognizance. But you soon realize that you failed to make a court appearance for your criminal case. A friend told me to be wary of a bench warrant. Should I? Yes. Most jurisdictions say that a bench warrant is a court order …
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 …
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 a suspect’s blood be drawn to measure blood alcohol content (BAC), and the suspect freely and voluntarily chooses a blood test over a breath test. This …
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 …
A Ramey warrant is an arrest warrant issued by a judge or magistrate before the prosecutor has filed formal charges. To obtain a Ramey warrant, a police officer submits a declaration of probable cause to a magistrate. If the magistrate is satisfied that probable cause to arrest exists, he or she issues the warrant directing …
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 …
A Franks hearing is a legal proceeding in a criminal case where the defense tries to traverse a search warrant. Traversing a warrant means that the defendant challenges 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 the defendant’s request …
A police officer is authorized to arrest a person without an arrest warrant when the person commits an offense in the presence of the officer and when a peace officer has probable cause to believe that a suspect committed a felony. Technically, police officers can also make a warrantless arrest if they have probable cause …
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. …
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 …
People with outstanding bench warrants for their arrest may file a motion with the court to recall (“quash”) the warrant. The court will then hold a hearing where the defense and prosecution can argue their positions. Ultimately, the court has discretion whether to quash the warrant or let it stand. What is a bench warrant? …
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. …