Warrants
What happens when a warrant has been issued?
If a warrant has been issued in your name you may have a lot of questions. Wallin & Klarich has been helping people just like you for over 35 years to ensure that their legal rights are defended and preserved. Why was a warrant issued? A warrant was likely issued because a law enforcement officer or district attorney was able to collect sufficient evidence (probable cause) that you were the…
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Should Police Need a Warrant to Put a GPS Tracking Device in a Person’s Car?
The U.S. Court of Appeals is currently deciding whether the police need a warrant to put a GPS tracking device in a person's car. The case under review stems from a series of pharmacy robberies investigated by Philadelphia police in 2010. After pulling over electrician Harry Katzin, the police found tools, gloves and a ski mask in his van. After Katzin said they were his work tools, he was let…
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Search Warrants And GPS Tracking Devices In California: Penal Codes 1524 and 1534
In January of 2012 the U.S Supreme court held that the government's installation of a GPS device on a target's vehicle, and its use of that device to monitor the vehicle's movements, constituted a search under the 4th Amendment. This decision meant that law enforcement was required to obtain a search warrant before installing a GPS device on a vehicle. The California Legislature responded to the Supreme Court's ruling by…
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I Think I Have a Bench Warrant Out for My Arrest. Should I Hire a Lawyer?
A bench warrant is essentially a warrant for your immediate arrest. Any law enforcement officer who discovers that you have a warrant out for your arrest can take you into custody and bring you before the court. A common way in which people with bench warrants are discovered and taken into custody is when they are stopped for traffic violations. The officer will run the person's driver's license in his or…
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Gangsta Rap Mogul Suge Knight Arrested on Traffic Warrants
Rap mogul Suge Knight built his reputation on being a thug who happened to work in the rap industry. His label, Death Row Records, signed artists like 2Pac and Snoop Doggie Dog. So when news spread that Knight was facing possible jail time, it really shouldn't come as much of a surprise. The fact that he is facing jail time for unpaid traffic tickets is. Knight's criminal defense attorney appeared…
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A Warrant is Issued for My Arrest. What Should I Do Next?
An arrest warrant is usually a printed form filled in by a judge or magistrate directing any peace officer to arrest a particular individual and bring him or her before the judge. Once a person is arrested, he or she must be taken before the judge without unnecessary delay within 48 hours after the arrest. It is important to keep in mind, however, that the time prescribed by the law…
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Denial of Social Security Benefits Due to Arrest Warrant
The Social Security Administration ("SSA") implemented a policy seeking to prevent people from using government benefits if they are fleeing from arrest. However, rather than trying to seek out individuals who were actually fleeing from prosecution, SSA used a computer matching system that matched names in warrant databases to those at SSA. Unfortunately, many of these suspensions involved false or unproven allegations, minor infractions or long-dormant arrest warrants. Despite the…
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Good Faith Exception to the Exclusionary Rule Does Not Apply Where the Search Warrant is 84 Days Old – Penal Code Section 1538.5
A recent California Court of Appeals decision in People v. Hirata held that a search warrant is invalid after the passing of a substantial period of time. In this case, the period of time was 84 days. The defendant (Hirata) was charged with possessing drugs and being part of a drug conspiracy ring. Investigators had built substantial evidence against Hirata and a number of other co-conspirators. Armed with this information,…
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Police Entry into Residence Without a Warrant – What is the “Emergency Exception” to the Warrant Requirement? (Part 2)
In general, police must have a warrant before entering a residence. Of course, certain exceptions apply to the general rule which requires a warrant before entry. One such exception is known as the, "emergency exception." The emergency exception is often used by police and prosecutors to justify a warrantless entry. Hiring a Riverside criminal defense attorney who can identify all constitutional violations by the police may mean the difference between…
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You Have Legal Rights When You Share a Residence and Refuse Police Officers Request to Search Your Home or Apartment (Part 1)
Several recent Court rulings have addressed the issue of consent entry into one's residence. The issue of lawful consent becomes more complex when dealing with a residence shared by two occupants. In Georgia v. Randolph (2006) 164 L Ed.2d 208, the court held that if two occupants are at the door and one says officers may enter and the other refuses consent to enter, then officers cannot enter unless there…
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