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Wrong. If a wanted subject comes to their immediate attention the arrest takes precedence, whereas, a search warrant can be delayed (unless the court specified the times/dates) at the option of the agency conducting the search.
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∙ 14y ago
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Can police break in and arrest you if they chase you but never saw you enter the residence?
No, they have to have a warrant.
How do you recover personal property that has been seized in an arrest but the person was never arraigned in a California court?
You should contact the police department that made the arrest and inquire there.
When do police not arrest a person for shooting someone?
Never, because shooting somebody is breaking the law and murder.
Is it legal for the police to walk into a public store and arrest a person when that store never called the police?
Under many circumstances, yes. It is public, after all.
What if you never signed a consent to search and the police signed your name?
You would get a lawyer.
Does a arrest have to occur before you can resist police?
Fleeing an open warrant "flight to avoid prosecution" is similar to arrest resistance but "resisting arrest" occurs as you use force to avoid being placed under custody.Added: You NEVER have a lawful/legal "right" to "resist" police in the performance of their duty. You must submit, and if it subsequently turns out they had no lawful right to arrest you then you can bring court action against them for damages.
Can a cop search your person when entering his car?
Yes, but you never HAVE to enter their car unless you are under arrest. Unfortunately, if you ask, "am I under arrest" the answer will usually be yes even in situations where they would have let you go.
Can police come on to private property and arrest someone for a potential felony without a warrant in the State of Ohio The warrant was not issued until two days later and was never signed?
If the police have articulable probable cause to place you under arrest at the time they made the arrest, they may do so at any time and in any place. Insufficient information is given in the question about the issuance of the warrant, which may have been for an entirely different cause. If the police made an illegal arrest it is a defensible reason for the dropping of the charges.
Can the police search your car for running a red light?
The police cannot search a vehicle unless they have a warrant for an arrest on the driver or any passenger, or they have reason to suspect that person is under the influence of drugs or alcohol use, or committed robbery or something. But, if a person runs a red light, that is reason enough to believe anything.For officer safety, they can search the "lunge area," the area immediately within the drivers reach. Also, they don't have to have a warrant for arrest, they can perform an "administrative (inventory) search" subsequent to the arrest of the driver, if the driver is arrested for any reason, warrant or not. "Reason to suspect" is not adequate; they have to have "probable cause." While running a red light might be reason enough for "mere suspicion," it is not enough to search the entire vehicle. They can also ask the driver for consent to search (which should never be granted); most give consent even when they know there are illegal items in the vehicle. (I guess they think they will look suspicious if they don't and that the police won't find anything.) And finally, if a narcotics detection dog alerts on the outside of the vehicle, that gives probable cause to search.
Would you be waiving your 4th amendment if the police said they already had a search warrant but you never seen it and consented them to enter your home?
By consenting to anything the police ask you, you are waiving your rights. The Supreme Court ruled that the police do not have to inform you of all your rights (just your Miranda rights when being placed under-arrest) nor do they have to be honest when trying to get you to waive your rights. A good lawyer might could argue that probable cause wasn't established so the search is inadmissible, but chances are slim that a Judge will buy it.
Police never ask if they can search the car in Texas?
The vehicle can be searched with probable cause, or if the car is being impounded an inventory will be done. The police do sometimes ask for permission as well, and that is another way the search can be valid.
Can getting turned in result in an arrest if the officer never saw anything?
Please define what you mean by "turned in." If a witness observed the offense and turned your name over to the police, yes, of course, that information may be used to identify and arrest you.
