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warrant Tag

Can Police Search Your Car for Drugs Without Your Permission?

Can Police Search Your Car for Drugs Without Your Permission?

When the police pull you over on the roadside, sometimes they can search your car for drugs without your permission. Vehicle searches are legal under some circumstances if you are being arrested. Also, the police can do a search if they have probable cause to believe that a crime is being committed. Finally, they can seize any item in plain view. Search Incident to Arrest When you are being arrested for driving under the influence of drugs, DUI, or another crime on the roadside, the police can search your car if: They reasonably believe evidence of the crime you committed can be...

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What It Means to Be Arrested on Suspicion of a Crime

What It Means to Be Arrested on Suspicion of a Crime

In Oklahoma, police may arrest someone on suspicion of committing a crime. Arrested on suspicion is different than reasonable suspicion. Reasonable suspicion and probable cause are standards of proof that police must establish before taking certain actions. Arrested on Suspicion Police often use the term “arrested on suspicion” of committing a crime when they have probable cause to arrest someone for doing something criminal. This does not mean the police have proven that the person committed the crime. Nor can police arrest you just for doing something suspicious. When you get arrested, they have to think you violated the law. People may get...

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Update on Collins v. Virginia: The Supreme Court Ruling

Update on Collins v. Virginia: The Supreme Court Ruling

In a recent blog, we discussed the Collins v. Virginia case, which was pending before the Supreme Court of the United States at the time. The Supreme Court just issued its written opinion on May 29, 2018. To recap, the case drew into question whether police officers can search the driveway of a house without a warrant due to the automobile exception to the warrant requirement. The police located a motorcycle sitting on the defendant’s driveway under a tarp and believed that the distinctively painted motorcycle had been reported stolen. They went up the driveway and took the tarp off, found...

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Defenses to Oklahoma Criminal Drug Charges

Defenses to Oklahoma Criminal Drug Charges

When you hire a criminal defense attorney because you were charged with a drug crime, your attorney will develop any defenses you have. Defenses are reasons why you did not commit a crime, why you cannot be convicted of a crime, or why evidence against you should be thrown out of court. For drug crimes specifically, there are a number of different defenses that may apply depending on the facts of your case. Elements of the Crime Not Proved Attorneys often argue either that the prosecution did not prove all the elements of the crime. The elements of the crime are the...

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Exceptions to the Warrant Requirement for Drug Searches

Exceptions to the Warrant Requirement for Drug Searches

While most of the time law enforcement need a warrant to conduct drug searches, several exceptions to the warrant requirement exist. Evidence collected without a warrant when one was required can be suppressed in court. Some of the most common exceptions to the warrant requirement for drug searches include: 1) plain view, 2) a search incident to arrest, and 3) an automobile search. Plain View Law enforcement officers do not need a warrant when evidence or contraband is in plain view when they are present. For example, if a police officer questions someone inside his house and sees a pipe and...

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How Police Obtain a Warrant to Search for Drugs

How Police Obtain a Warrant to Search for Drugs

Before police can search for drugs, they need to obtain a warrant from the court unless a few exceptions apply. The search warrant is a legal document explaining where the police can search for evidence of a crime. Once law enforcement has a warrant, they do not need your consent to search the specified area. Police officers must get search warrants from judges or magistrate judges. The judge issuing a warrant must be “neutral and detached” and “capable of determining whether probable cause exists”. Coolidge v. New Hampshire, 403 U.S. 443 (1971). This requirement helps ensure that there is no conflict...

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Driveway Car Searches: Legal without a Warrant?

Driveway Car Searches: Legal without a Warrant

Recent court cases call into question whether police can enter and search your driveway for evidence of a crime. The Minnesota Supreme Court decided that police needed a warrant to search a vehicle parked on someone’s property. In addition, the Supreme Court of the United States heard oral arguments in a similar warrantless search case. The Minnesota case involved an allegedly stolen camper van parked in the back of the accused’s property. Police walked onto his driveway and toward the camper van, inspecting it. They determined that it matched the description of a stolen vehicle and charged the accused with receiving...

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How Cops Find Drugs During Traffic Stops

How Cops Find Drugs During Traffic Stops

A person pulled over for suspected DUI or another driving offense may find himself in more trouble if police search the vehicle. If law enforcement finds evidence of another crime, such as illegal drugs, in the vehicle, they can charge you with that crime too. A simple traffic infraction could escalate to much more serious criminal charges. Usually, police need a warrant to search cars. During traffic stops, however, they can search vehicles without a warrant for several reasons. First, police may search a vehicle incident to a driver’s arrest. Often this type of search is legally permitted because police reasonably...

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Bail: How Does It Work?

Bail: How Does It Work?

If you or a loved one needs to make bail, you probably have questions about the process. Here are a few tips to help you move forward. After you have been arrested, you will be booked into jail, where you will wait until your first time seeing a judge. This initial appearance is called an arraignment. At the arraignment, you will be told the charges against you. The judge will set a bond amount that you must post to leave jail and return home to your family. Sometimes, the judge will release you on an “Own Recognizance” Bond, meaning you do...

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The Oklahoma Citizen’s Arrest

The Oklahoma Citizen’s Arrest

In Oklahoma, a private citizen may arrest a person if the citizen has reasonable cause to believe the person has committed a crime. The arrest is known as a citizen’s arrest. Arrests by citizens are very similar to arrests by police officers: the citizen may restrain a suspected criminal and then deliver him to a police officer or the stationhouse. 22 O.S. § 22-187. Just as police officers must have probable cause to arrest a suspect, citizens must also have probable cause. Because most citizens have not been trained in arrest and restraint procedures, it may be easier to challenge your...

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