Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Warrant » What Probable Cause is Necessary for a Search Warrant in Orange County?
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:
Probable cause is the standard of proof by which law enforcement has a legal basis to conduct a personal or property search.
Under California Penal Code 1523, a California search warrant may only be issued under the following circumstances.
A request for a search warrant may be made by a law enforcement officer or a prosecutor by filing an affidavit under penalty of perjury. The affidavit must contain the facts that establish the requisite probable cause.
A judge then makes a determination of probable cause to issue the search warrant. The judge may question under oath the party who requested the search warrant. The judge may also question any witnesses that the party requesting the search warrant relied on to provide grounds for probable cause.
If you have been searched without a search warrant in Orange County California, you should consult with a local criminal defense attorney to protect your rights. Contact us to discuss your case.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
If you are at your home in Las Vegas and the police show up with a search warrant, you need to know how to respond in a way that protects your rights and does not make the situation worse. As a preliminary matter, if you have been served with a search warrant, or you know ...
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 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 ...
It may be possible to check for warrants in Las Vegas and Clark County online or by phone. To check for warrants by phone, it is recommended that the person hire an attorney to check. People with active warrants do not want to risk calling to see if they have a warrant and then having ...