Blog: Warrant

A motion to quash a warrant is a request for a court to find a warrant, or part of a warrant, 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 or thrown …

A bench warrant (“BW”) is a warrant to arrest and detain a person who has either failed to appear in court or failed to obey a court order. In California, a person can clear a bench warrant by either: appearing in court before the judge, or possibly having the party’s attorney appear in court on …

If a bench warrant gets recalled, or cleared, in California, it means that the person named in the warrant is no longer wanted by law enforcement personnel. The warrant is deemed null and void and it gets cleared from the judicial system. Note that a bench warrant (“BW”) issued in California does not expire. It …

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? …

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 …

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 …

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 …

No. Police cannot search a hotel room without a search warrant UNLESS there is a valid exception that exists. The Fourth Amendment of the United States Constitution guarantees: The right of the people to be secure in their persons and houses against unreasonable searches and seizures, and no Warrants shall issue, but upon probable cause, …

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 …