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Warrants
A warrant refers to a written order issued by the court or an official authorizing a person to execute an office or to perform an act. It is usually directed to officers of the peace and sheriffs.
2,846 Questions
How long will an individual get in prison for a fugative warrant?
It depends on the severity of the crime as well as the state the offense was committed.
Say the fugitive is wanted in Florida for violating the terms of his/her probation and is picked up in South Carolina.The State of Florida has the option to expedite the person.However, it also has the option not to.Again depending on the severity of the crime.
That happens to be my case by the way.Fla. didnt expedite me and terminated my probation.
I got sentenced to the county for 30 days for being a fugitive.
When served with a search warrant who signs the warrant?
A JUDICIAL Officer must review the affidavit for legal sufficiency - once they sign it it becomes valid. A judicial officer would include a Judge, Justice Of The Peace, or a Magistrate.
Do police have to fill out your copy of the search warrant?
You don't get a copy of the search warrant unless you are the owner or legal inhabitant of the premises on which the warrant was served. Then (according to the laws of your jurisdiction), at the conclusion of the search you may get a copy of the warrant along with the list of seized items.
If facing criminal charges in santa claracounty its the court code. Its tell you where the defendent is going to court.and the court happens to be at the suprior court on hedding st. By the main jail
Statute of limitations on bench warrants in Ohio?
None. It is valid until you are arrested or make arrangements to appear in court.
If you are on informal probation do the police need a search warrant to search your house?
yes they have to have a paper signed by a judge
Can a cop search your vehicle without your consent?
In the United States if a person is stopped they can NOT search your car without a warrant unless you consent, however if they suspect something they can. If anything is found they will have to prove that they had "just cause" without a warrant or consent or it will be thrown out. I worked in the Law Enforcement field for several years. Tried to make it as short, simple & to the point as I could. Hope it helps.
The most important thing about this question is what country you are referring to.
It depends upon the laws of the state, the reason the person was stopped and if the officer(s) had "just cause". The terms "just cause" or "suspicion of probability" can carry a broad legal definition. Therefore, the police can search a vehicle without permission. Whether anything found can be used as evidence in court is a different matter.
Answer
This is a question that I have been frequently asked. As previously stated, Laws vary from state to state, however all states must comply with the US constitution in regards to the Fourth Amendment. The fourth amendment, to paraphrase, basically protects a person's right to be secure in their property and person, papers. Consent to search is needed for all vehicular searches unless exigent circumstance exists. The US Supreme court recognizes and exception to the search warrant requirement in vehicles that a search extending only to a container within an automobile, may search the container without a warrant where they have probable cause to believe that it holds contraband or evidence. Carroll v. United States, 267 U.S. 132 -- in which the Court held that a warrant less search of an automobile, based upon probable cause to believe that the vehicle contained evidence of crime in the light of an exigency arising out of the vehicle's likely disappearance, did not contravene the Fourth Amendment's Warrant Clause -- provides one rule to govern all automobile searches. Separate doctrines have per warrantless search of an automobile to include a search of closed containers found inside the car when there is probable cause to search the vehicle, United States v. Ross, 456 U.S. 798, but warrantless warrantless search of a closed container located in a moving vehicle when there is probable cause to search only the container, Arkansas v. Sanders, 442 U.S. 753 Of course in some states and in particular the State of Indiana, a certified Police K-9 is considered probable cause to search a vehicle without a warrant, That is if the K9 indicated to the presence of a contra band substance. Hope this helps. SlyK9--- Sorry, Terry V Ohio is the basis of a frisk or a open hand pat down of a person for weapons the case started when an officer stopped a person standing near a jewellery store, where a robbery had occurred. The officer used flat open hands to pat down the suspect before questioning, to determine if the suspect had any weapons. A terry pat is for WEAPONS ONLY ON A PERSON!! It has nothing to do with a car search. Aside from that, "plain sight" probable cause will always allow a vehicle search, but only within the reasonable area that the occupant can reach. From there, a car can be towed, where an "inventory search" is performed. If contraband is found, a warrant will be issued for the search of the car, while it is impounded. So True. Sorry had the two mixed up for a moment. YES, if he/she has probable cause. But if they don't have a warrant then you can say no but odds are is that if they know you did something they will be getting that warrant soon. A K-9 alerting on a vehicle is considered by the Court to be probable cause. The Dog is tested and certified by the court to be reliable.
Answer
In the UK a police officer can stop and search a vehicle without consent (and therefore without warrant) under Section 44 of the Terrorism Act 2000. (The article also allows for the officer to stop and search/question any person). If a person is arrested for a crime in or near their vehicle then it may again be searched without consent.
Answer
IF YOU ARE STOPPED IN YOUR CAR IN THE UNITED STATES
Stop the car in a safe place as quickly as possible. Turn off the car, turn on the internal light, open the window part way and place your hands on the wheel.
Upon request, show police your driver's license, registration and proof of insurance.
If an officer or immigration agent asks to look inside your car, you can refuse to consent to the search and ask for a warrant. But if police believe your car contains evidence of a crime, your car can be searched without your consent.
Both drivers and passengers have the right to remain silent. If you are a passenger, you can ask if you are free to leave. If the officer says yes, sit silently or calmly leave. Even if the officer says no, you have the right to remain silent.
The police cannot search a house without a warrant, unless they have blatant probable cause (like opening the door to a wall of weed smoke while your friend is ripping bong on the couch.) Depending on the detailed terms of the warrant they may or may not have access to a safe.
Can you get a passport with a failure to appear warrant?
I have a failure to appear for a bad check that was a felony in Jax, Fla ... Can I still get a passport and travel to london? It was a felony by 76 dollars ,,, but still a felony???
Can you be put in jail for a bench warrant?
It MIGHT be issued, but once the recrods are examined and it is found you were incarcerated it will be (SHOULD be) withdrawn or quashed.
If names and dates are wrong on a search warrant is the search warrant still valid?
SEARCH WARRANTS are issued for addresses or specifically described premises. ARREST WARRANTS name a specific name. Which are you referring to? As long as a search warrant is served at the address set forth in the warrant it is immaterial what name appears on it. If it was an arrest warrant in what way was the name wrong? Spelled wrong? Gives their alias or street name? Gives a totally wrong name (i.e.: John Doe instead Jack Smith)?
Will new york state extradite you for a felony warrant?
Does new mexico extradite on felony warrants?
If the sheriff dept is coming to my house everyday is there a warrant for me?
maybe. have you done something?
How long is the statute of limitations on grand larceny in the state of Maine?
Grand larceny in Maine is graded according to the amount of money in question. If it is considered felonious grand larceny, then the statute of limitations is six years. Otherwise, it is three years.
Are US warrants valid in Mexico?
An outstanding warrant is one of the many things that will raise a red flag at the border.
Added: You may be able to leave the country without too much trouble, but in this day and time they are checking people coming back INTO the US. When they run your passport into their computer guess what they're going to find. Trust me, you don't want to be locked up by ICE.
What is CA Penal Code 11357 HS?
11357 HS refers to California Health & safety Code section 11357 which is the law criminalizing marijuana possession. There are different subsections depending on amount and concentrated or not concentrated.
It's not actually a "penal code" section. Most drug offenses are covered under the Health & Safety Code.
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Possession of marijuana.
11357. (a) Except as authorized by law, every person who possesses any concentrated cannabis shall be punished by imprisonment in the county jail for a period of not more than one year or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisonment, or shall be punished by imprisonment in the state
prison.
(b) Except as authorized by law, every person who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, is guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars ($100). Notwithstanding other provisions of law, if such person has been previously convicted three or more times of an offense described in this subdivision during the two-year period immediately preceding the date of commission of the violation to be charged, the previous convictions shall also be charged in the accusatory pleading and, if found to be true by the jury upon a jury trial or by the court upon a court trial or if admitted by the person, the provisions of Sections 1000.1 and 1000.2 of the Penal Code shall be applicable to him, and the court shall divert and refer him for education, treatment, or rehabilitation, without a court hearing or determination or the concurrence of the
district attorney, to an appropriate community program which will accept him. If the person is so diverted and referred he shall not be subject to the fine specified in this subdivision. If no community program will accept him, the person shall be subject to the fine specified in this subdivision. In any case in which a person is arrested for a violation of this subdivision and does not demand to be taken before a magistrate, such person shall be released by the arresting officer upon presentation of satisfactory evidence of identity and giving his written promise to appear in court, as provided in Section 853.6 of the Penal Code, and shall not be subjected to booking.
(c) Except as authorized by law, every person who possesses more than 28.5 grams of marijuana, other than concentrated cannabis, shall be punished by imprisonment in the county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisonment.
(d) Except as authorized by law, every person 18 years of age or over who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, upon the grounds of, or within, any school providing instruction in kindergarten or any of grades 1 through 12 during hours the school is open for classes or school-related
programs is guilty of a misdemeanor and shall be punished by a fine of not more than five hundred dollars ($500), or by imprisonment in the county jail for a period of not more than 10 days, or both.
(e) Except as authorized by law, every person under the age of 18 who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, upon the grounds of, or within, any school providing instruction in kindergarten or any of grades 1 through 12 during hours the school is open for classes or school-related
programs is guilty of a misdemeanor and shall be subject to the
following dispositions:
(1) A fine of not more than two hundred fifty dollars ($250), upon a finding that a first offense has been committed.
(2) A fine of not more than five hundred dollars ($500), or commitment to a juvenile hall, ranch, camp, forestry camp, or secure juvenile home for a period of not more than 10 days, or both, upon a finding that a second or subsequent offense has been committed.
Is it possible to get a nursing job with a misdemeanor?
It is a case by case basis. It is possible to get a job if they don't run an intense background check or if they don't mind misdemeanors. However, many nurses cannot get a job with a misdemeanor on their record. You can so metes appeal to the nursing board.
What does the word malicious mean?
Malicious means, "having the nature of or resulting from malice; deliberately harmful; spiteful".
What is the monetary value that determines petty larceny from grand larceny in Arizona?
What is the monetary value that determines petty grand larceny from Grand Larceny in Arizona?
Is a warrant valid if your at another address than your mailing address?
An arrest warrant doesn't care where it is served, the address is not important.
A search warrant is valid for the address or premise listed in the warrant. Whether it is your address or not will not change the validity of the warrant.
Can police search car if you say no?
Yes an officer can still search your car. The officer could claim there is probable cause to search your car, because you just denied the search, which the officer would say, looks like a sign of guilt.
Another View: NOT exactly! If you do not voluntarily consent to a vehicle search, the officer can still partially search it, but he MUST confine his search to the immediate area around, and within the reach of, the driver.
To carry the search any further he could call for a drug dog or need some probable cause to place you under arrest and impound your car. Of course if he observes anything suspicious while within the car (the butt of a gun - 'roaches' in the ash tray - drugs, pills, or other contraband on the floor mats, etc. then you're pretty much 'toast.'
Does Missouri check for warrants when applying for a state id?
I am a det sgt with a small sheriff's dept in missouri yes they do check. Most states do but not TN my son was wanted for a crime here and I sent him there to live. Now the cops there stop him it will come up but he has state id and a DL there he is working at a place there and is trying to stay out of problems. I am working here to try to get it drop but not having much luck. In the end I am sure he will come home and turn himself in or be picked up there. Good luck make some money turn yourself in and get a good lawyer. Poor people have no chance with the law. Then stay out of problems!
