Criminal Defense
Domestic Violence – Officer’s Entry Into Suspect’s Home Found To Be Lawful Based Upon Express or Implied Consent (Part 3)
Two leading domestic violence cases, People v. Frye (1998) 18 .4th 894 and People v. Wilkins (1993) 14 .4th 761, have held that law enforcement entries into a suspect's home were lawful as consent entries. The court in People v. Frye stated as follows; it may be inferred from the fact the victim and defendant resided together in the apartment that the victim possessed authority to consent to the officer's…
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Domestic Violence – Exigent Circumstances May Justify An Officer’s Warrantless Entry Into Your Residence (Part 2)
In the context of an officer's warrantless entry into your residence, the most important issue is objective reasonableness. Whether, under the circumstances of your case, the officer's warrantless entry into your residence was objectively reasonable. If so, the "exigent circumstances" expection to the general warrant requirement may apply to justify the entry. A common issue in domestic violence cases is whether the officer responding to the scene should have secured…
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US SUPREME COURT AGREES TO HEAR WARRANTLESS SEARCH CASE
The US Supreme Court has announced recently that it will hear the case of a man who was arrested in his home by officers who did not have a warrant. In the case, the man, Afton Callahan, of Utah, was being investigated by police for allegedly selling meth-amphetamine out of his home. The police sent an undercover informant into Callahan's home to purchase illegal drugs. When the informant, who was…
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SOCIAL SECURITY STOPPED BECAUSE OF AN ARREST WARRANT IN SAN DIEGO
Wallin & Klarich gets calls from across the country on arrest warrants. One situation that comes up is Social Security checks a person for warrants. They may find a warrant that is decades old. They will threaten to cut off Social Security because of the warrant. Naturally that's a high problem if you are outside San Diego. An attorney may be able to get the warrant recalled and the case…
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SAN DIEGO ARREST WARRANTS
Think you have an arrest warrant in San Diego County? It's easy to find out. You can search by name on the San Diego County Sheriff's web site. You have a warrant for your arrest? If you do, you need a lawyer. Recently persons with warrants have been arrested and thrown in jail when they came to court on their own. They have gone to the court clerk and asked…
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