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If They Dont Have A Warrant You Dont Have To Talk To Them Or Open The Door
The United States Supreme Court and the Texas Court of Criminal Appeals have both recognized that homeowners dont have to talk to cops or answer the door if they dont have a warrant:
When law enforcement officers who are not armed with a warrant knock on a door, they do no more than any private citizen might do.And whether the person who knocks on the door and requests the opportunity to speak is a police officer or a private citizen, the occupant has no obligation to open the door or to speak. And even if an occupant chooses to open the door and speak with the officers, the occupant need not allow the officers to enter the premises and may refuse to answer any questions at any time.
You dont have to talk with the police. When you do decide to talk with cops, you begin to give them evidence that can be used against you. Rare are police reports or arrest videos where someone gives the golden answer to police questioning: I dont answer questions without my lawyer. This answer invokes your rights, minimizes evidence, and cannot be taken as evidence against you . So again I repeat: You dont have to talk with the police.
Do you have to open the door for police?
You also dont have to open the door to a warrantless cop. When you do, they might take it as an invitation to enter the home, leading to an argument later about whether the cop had consent to enter. Instead, keep the door closed/locked, turn down the music, and wait for them to leave.
Just wait it out, Kevin!
What Steps Should You Take If Cash Has Been Seized During A Raid Under The Proceeds Of Crime Act
There will be a court hearing within 48 hours, because seized cash may not be retained for longer than this without an order of a Magistrate who is satisfied there are reasonable grounds for keeping it for the purposes of investigating its origin or use or if it relates to criminal charges.
You can ask the Magistrates Court to release the cash. However, the police are likely to ask the Magistrate to allow them to keep the money pending further investigation, for up to three months. They can then make further applications to retain the cash for up to a maximum of two years.
Legal aid is unlikely to be available for Proceeds of Crime Act hearings and both criminal and civil lawyers can advise you on your rights. Keep any receipts that can prove where the money has come from.
If your money has been taken as evidence then see above.
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Exemption : Search Incident To Arrest
Police officers do not need a warrant to perform a search in connection with an arrest. If you are arrested for a crime, the police have the legal right to protect themselves by searching for weapons, evidence that could be destroyed, or accomplices to the crime. For example, if you are arrested for drug possession, the police can search for additional drugs by searching you, your home, or your car, and any evidence found can be used against you in a court of law.
Police can also perform what is called a protective sweep following an arrest. This is done if the police believe a dangerous accomplice or accomplices may be hiding inside a specific location. The police will walk through the location and can legally visually inspect places in which an accomplice may be hiding. In addition, the police can legally seize any evidence located in plain view during the sweep.
What About If The Police Do Have A Search Warrant
A warrant usually gives the police the power to enter your property for one occasion only. Sometimes a magistrate will issue a warrant for multiple entries and searches, but after an initial entry, any subsequent occasions require the prior written authority of an officer of the rank of Inspector who is not involved in the investigation.
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The Fourth Amendment of the U.S. Constitution prohibits unreasonable searches and seizures by police and other government agencies. When police have a warrant, they can enter a persons home without the homeowners consent, or even if he/she isnt home . However, there are many circumstances when an officer cannot enter a home without permission. New Jersey residents should know their rights regarding police and their property.
Police Powers To Enter Your Home Or Other Private Property
In general the police do not have the right to enter a persons house or other private premises without their permission.
However, they can enter without a warrant:
- when in close pursuit of someone the police believe has committed, or attempted to commit, a serious crime, or
- to sort out a disturbance, or
- if they hear cries for help or of distress, or
- to enforce an arrest warrant, or
- if invited in freely by the occupant, or
- under various statutes which give the police powers of entry into a number of different kinds of premises.
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What Is A California Arrest Warrant
A California arrest warrant authorizes law enforcement officers to arrest and detain you if they suspect you of committing a crime outside of an officers presence.3
Judges issue arrest warrants based on:
- evidence presented to them by a peace officer and/or a District Attorney4, or
- following a grand jury indictment.
In order to be valid, a California arrest warrant must include:
- the name of the defendant,
- the crime which he/she is accused of committing,
- the time of issuance,
- the city or county of issuance,
- the signature and title of the judge, and
- the name of the court.5
Do Bench Or Arrest Warrants Permit Police To Search Your Home
Police will need a warrant to arrest you in most cases, but they will also need a warrant to be able to enter and search your home. Search warrants are issued under different circumstances than bench warrants and arrest warrants. Police can get a search warrant if they have probable cause to suspect that youre in possession of something illegal or evidence of a crime. Police can search your property without a warrant if you have given them consent to search your property, you are on probation, or there are emergency circumstances. Some emergency circumstances that allow searches include the belief that someone elses safety is being jeopardized or that youll destroy evidence before they can get a warrant. Items within plain sight can be seized without a warrant as well.
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Can Police In Nevada Search Your Car Without Consent
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Nevada police may search your car without your consent if either:
When Can The Police Move You On
The police have the power to move you on if they believe that you are obstructing the lawful passage of any other person in any public places or if you are being riotous or disorderly, anywhere, to the alarm, annoyance or disturbance of the public.
If you’ve been asked to move on, you are entitled to ask for a reason and you should expect to receive one. If you refuse to move you’re likely to be charged with an offence.
Groups of people can be ordered to leave certain areas known as dispersal areas, such as local parks, to prevent antisocial behaviour. Its an offence for you to fail to leave the area.
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In The Absence Of A Warrant Some People Accidentally Give Police Permission To Enter
Sometimes police officers phrase questions so that your response essentially gives them permission to enter even if you didnt intend to. For example, they may say, I hope you dont mind if we take a quick look inside? If you say no, then you are actually saying yes to their entering.
Simply put, knowing the best way to deal with police can be confusing. If you are unsure, remember that you have a right to legal counsel and representation. In the absence of a warrant, you can politely decline to have the police enter your home or vehicle. If there is a warrant, you can say that you would like your attorney present before you say anything else to police.
Failure To Appear 2nd Degree
If an individual fails to appear for a court date that was for a misdemeanor charge, they wil be charged with Failure to Appear Second Degree. This charge is less serious than a 1st degree as it is not a felony, however it is a class one misdemeanor which is serious and it carries a fine of up to $2,500 and possible jail time.
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Can Police Search My Car With A Search Warrant
Police may search your vehicle in Nevada if police have a valid and current search warrant authorizing the search.
In order to obtain a search warrant, police need to show the judge that they have probable cause to believe the car contains evidence of criminal activity. Plus the warrant must be specific and not overly broad.
If the police search your vehicle with an invalid warrant or go beyond the bounds of the warrant during the search, any evidence they find can potentially be suppressed if you get criminally charged.1
Can Police Search My Car For Their Own Safety
If police pull you over for a traffic stop in Nevada, they are allowed to search the passenger compartment of your car if they have a reasonable belief that you are dangerous and may be able to gain immediate control of a weapon.
This typically occurs if:
- The police see your hands reaching for something or
- The police see weapons through the window.
This type of search is similar to a stop and frisk, where police may pat you down if they reasonably fear you are armed. Though since you are in a car, the search area expands to the entire passenger compartment.2
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Contact Us For Further Help
If you or a loved one is looking to hire an attorney for representation for your criminal case, we invite you to contact us at Shouse Law Group for legal help. Our law firm can provide legal advice in our offices or by phone on your felony- or misdemeanor case. We also defend against restraining order violation charges and appear in DMV hearings on DUI cases.
We have local law offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout the state of California.
Learn about other types of warrants.
For information on Colorado arrest warrants, go to our page on Colorado arrest warrants.
¿Habla español? Visite nuestro sitio Web en español sobre remover las Órdenes de Detención en California.
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Can The Police Search My Property In South Carolina Without A Warrant
No, they cant. The areas immediately surrounding your home are private property known as curtilage. Curtilage is area within which a homeowner can have a reasonable expectation of privacy and where intimate home activities take place. This includes any closely associated buildings and structures but doesnt include open fields beyond. For some homes, the curtilage is well-defined by the position of fences, walls, thick shrubbery, etc. In situations where the homes curtilage isnt well-defined, the court looks at the following four factors to establish the boundaries:
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When Police Can Kick In Your Door
TV and movies love to depict police kicking in doors when searching for evidence or suspects. Its true that police have permission to conduct a forced entry, but there are rules they must follow first. As mentioned above, police must knock and announce themselves, then wait a reasonable amount of time before entering. The exception again is when exigent circumstances exist.
When Is A Warrant Not Required
There are times when police can perform a search without a warrant, and most searches actually do occur without warrants being issued.
If there is a reasonable expectation of privacy and there is not probable cause, a search warrant is required.
However, if probable cause does occur, such as a suspect runs away, a gunshot is heard from another room in a home, or even when an individual makes a sudden movement, a search becomes legal without a warrant.
Even with a reasonable expectation of privacy, the police can legally conduct a search without a warrant when certain exemptions apply.
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What You Should Know If The Police Come To Your Door
While many individuals believe that cooperating with the police is a good idea, it often isnt. Before consenting to any search requested by the police, you would be wise to ask the police to wait outside while you have an opportunity to speak with your lawyer in private. Or simply call a lawyer prior to answering the door if it is clear they do not have a warrant.
If you have more questions about what to do if the police come to your door, dont hesitate to contact our legal team. Were here to help you understand and know your rights in all situations.
DISCLAIMER: Liberty Laws Website, and the contents therein, is not intended to be asubstitute for actual legal advice. Rather, this website is intended toprovide generic legal information only. The scenarios and concepts described may or may notapply to your particular case. Further, even if the scenarios described appear to apply to yourcase, there are always exceptions to every rule that cannot be fully described here. Finally,reliance on any of the contents described in this website shall not create a solicitor-clientrelationship. To retain a lawyer for legal advice specific to your case, please contact one of ourlawyers for a free-consultation at 1-833-784-7500.
Can A Cop Enter My Home Without A Warrant
Generally, no. The idea that a mans house is his castle is a centuries old principle that has been honored by the United States Supreme Court since the birth of the nation.
Indeed, ones home holds a special place in constitutional law as representing a space of privacy that is beyond the reach of the government. That is why the Supreme Court has been clear that a basic principle of Fourth Amendment law is that searches and seizures inside a home without a warrant are presumptively unreasonable.
Yet, even when it comes to a persons home, there are times when the police are allowed to enter without a warrant. As you will see, the reasons for such intrusions typically come from the exceptions to the warrant requirement that we have discussed earlier.
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When Can The Police Enter And Search Premises
In general, the police dont have the power to search premises without a warrant unless they have obtained the permission of the person concerned, or a delay in obtaining a warrant would be likely to defeat the ends of justice, for example, that evidence will be destroyed or removed.
There are also certain statutes which provide for the search of premises, cars or vessels without a warrant. Evidence obtained legally by these means would be admissible as evidence in a court. Admissibility of evidence obtained during a search is always subject to examination by the courts and depends on the circumstances of particular cases.