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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
Can the police automatically search your vehicle if you have a drug conviction in your past?
If it is a condition (known as a Search clause) of your punishment, IE: Parole. I hear on the scanner all the time when they are running somone out, that they have to submit to a search at anytime to any peace officer. but have nothing on you and have no reason to be worried about it. Pot is not all that as you grow up. I used to be a daily user for years, and now for over 20 years not even a desier to make myself Dumb or stoned. (are you stoned or just dumb used to what was asked of loaded people) Unless a police officer had probable cause to search your vehicle (ie. Smell, sight, blood shot eyes, acting funny, etc.) they cannot judge you because of your back history.
Some police officers do have a big ego and if you wanted to go farther into it, go to the courthouse and file a complaint. However, if they did have probable cause to search your vehicle THIS time, then it will get thrown out. Best wishes
the person can then redirect them or get rid of the item, and why would they help you, they are the one that could be burned for having the item.
See this cite: http://wiki.answers.com/Q/What_is_the_length_of_time_a_state_can_pursue_extradition_procedures_if_the_accused_is_fighting_the_extradition_and_would_the_accused_be_eligible_for_bail
What does released on your own recognance mean?
RECOGNIZANCE promise to a court to do something you have promised the court to look after yourself rather than being released to the care of (parents lawyer priest ) Terry ps.......could be worse
If you have a warrant in Washington will Oregon send you back if you don't want to go?
Oregon and Washington, just like every other state in the United States have extradition agreements between them. This means that as long as there is not a more serious charge pending in Oregon, they will extradite to Washington State.
no statute. Traffic tickets are strict liability, and once a warrant is issued, you will always have a warrant, until you settle the issue, or leave this earth.
A warrant can be witdrawn by the agency that sought it, or a judge can cancel, or "quash" it for sufficient cause.
complacency kills as one becomes too familiar and unaware of any/actual surrounding dangers.
I would suspect that if the police chose to, there might be a way. Though, the best way to find out would be to contact my compassionate, sensitive and super intelligent attorney. C. Derek Courson. 904 225 9091. Prudential Building SR 200, Yulee, FL 32097 Hmm, not to mention he is very well connected and his family has been here for many generations
What happens when an officer lies on an affadativ to obtain a search warrant?
In addition to the internal administrative charges being placed against him by his employing agency, he can also be criminally charged with Contempt of Court, Lying under oath, Obstruction of Justice, etc. One thing is pretty certain, even if he doesn't go to jail he will most certainly lose his job.
Probation IS a sentence after being found guilty of an offense. A lenient sentence perhaps, but a sentence nonetheless. Violation of the terms of your sentence (probation) could send you to prison/jail to serve the unexpired portion of your sentence behind bars.
Yup! You could arrested on the spot and then be extradited back to AZ. You will not be extradited for a misdemeanor. Idiots on the internet just want to scare you.
If a person stops reporting on parole does their time stop running?
If you stop reporting, you have violated the release provisions of your parole and are in violation of your sentence. My advice would be to get back in contact with your PO as soon as possible or you will find yourself a wanted person and subject to being returned to jail/prison for the remainder of your sentence.
If the officer reasonably believes the warrant is valid, then the officer is protected from any legal (or civil) consequence. However, the key phrase to that is "the officer reasonably believes".
If someone manages to prove that the officer "should have known better", or that the officer lied in order to have the warrant issued, the officer can be held liable, as they knew the warrant was invalid.
How long does it take to prepare a warrant?
A very short time in most cases. All the police or prosecutor needs to do is gather the information and submit the documents to a judge to be signed.
What is a notice of withdrawal of plaintiffs motion for partial summary judgment?
It means that their notifying you (and the court) that their motion agreeing to partial judgment (as initially awarded by the court) has been withdrawn. Apparently, they have decided that it is not in their best interest to accept it.
Can you be arrested for a warrant for child support in a state that the warrant was not issued in?
Yes.
Which amendment requires a warrant to search someone property?
The 4th Amendment to the U.S. Constitution, which states:
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
Note that the courts have placed the highest degree of 4th amendment protection on a person's home. Absent exigent circumstances, or the consent of the property owner, law enforcement officials (LEO's) may not enter enter a home and conduct a search.
However, thermographic imaging conducted from outside has been ruled constitutional in the absence of a search warrant, as have warrantless searches of garbage, anything in 'plain view' of an officer standing outside the curtilage of the property, and aerial overflights.
This is a complex area of law, with many permutations which may affect the outcome of any given search or seizure. There are many exceptions and arguments that can be made either supporting or prohibiting a warrantless search, or even challenging the warrant itself, which has it's own set of requirements to be valid. An excellent write up which far exceeds the scope of anything that could be written here can be found at the Related Link.
However if you have a specific legal issue regarding 4th amendment protection, or you have been arrested or charged with any offense, I urge you to contact a licensed attorney in your area as soon as possible.
Do not give consent to any searches, but do not resist officers. Do not speak with police if you are arrested or charged. Invoke your 5th and 6th amendment right to counsel at once, and wait for you lawyer.
Where does the name bench come from?
The term "bench" originates from the Old English word "benc," which referred to a long seat or a raised surface. Its roots can be traced back to the Proto-Germanic word "*bankō," meaning a long seat or bank. Over time, "bench" has evolved to describe various types of seating, especially in public spaces, as well as in specific contexts like legal or sports settings.
Can the lender file a felony warrant if you refuse to surrender the car?
Yes, they can. Legally, the car you financed is owned by the lender. If you fail to make your payments and then refuse to surrender the car, you are depriving its rightful owner of their property and have converted the vehicle to your own use. That qualifies as auto theft.
Added Answer:
Most likely the lender cannot. First, private parties do not file "warrants" like an arrest or search warrant. They may file complaints alleging criminal offenses in some jurisdictions.
Second, finance companies do not "own" the car that they finance. This is a common misconception. The purchaser of the car "owns" the car subject to a lien on the title for the amount outstanding on the loan. Certificates of Title (or of Ownership depending on the particular state's motor vehicle law terminology) are issued to purchasers in the name of the purchaser as the owner. The finance company is not named as the owner. Usually, the certificate of title has a place for the lien of the finance company to be noted on it, so that it cannot be transferred without a payoff of the lien.
Since the person refusing to surrender the vehicle is the owner of the car, he cannot be found guilty of felony theft of something he himself owns.
Most states govern repossession of automobiles within their own motor vehicle laws or go by Article 9 of the Uniform Commercial Code. The common rule is that an entity having a security interest in property such as a car, is entitled to repossess the property without court permission provided it can be done without a breach of the peace.
It would be best to determine whether an individual state's criminal or motor vehicle laws specifically state that a refusal to turn over an automobile to the lien holder constitutes a crime in any way. It probably is not auto theft, because the purchaser, not the finance company legally owns the car. There might be some provision somewhere regarding interference with the lien holder's lien. If an owner sells the automobile and fraudulently avoids paying the lien, he could be charged with fraud, but most likely not auto theft.
Can a judge that used to be your lawyer sign a search warrant against you?
Yes. But normally such a judge, if he remembers you, will recuse himself from the case. The judge that signs a search warrant will not necessarily be the judge that tries you.
