Facebook

Twitter

LinkedIn

 

warrant Tag

What Happens During a Typical Search Warrant Execution?

What Happens During a Typical Search Warrant Execution?

During a typical search warrant execution, police enter a building or location and look for evidence of a crime. There are specific procedural steps that they must follow by law during this process or risk having evidence suppressed from use in court. Knock and Announce Rule Once police obtain a search warrant from a judge, they can go to the location that they plan to search. Unless certain exceptions apply, the police must knock on the door and announce their presence outside. They need to wait a reasonable time after knocking to allow the occupant to answer. After waiting without an...

Continue reading

What If the Police Issue a Warrant for Your Arrest?

What If the Police Issue a Warrant for Your Arrest?

Hearing that there is a warrant out for your arrest never feels good. When you get the news, you may not know what it means and what you should do. What Does It Mean When Police Have a Warrant Out? A warrant for someone’s arrest is a legal document allowing police or other law enforcement to arrest someone. Police officers have obtained the warrant from a judge by showing probable cause that the person committed a crime. In other words, the police are looking for that person so that they can ask questions and charge him or her with violating the law. Usually,...

Continue reading

Legal Issues with “Drug Busts”: What You Need to Know

Legal Issues with Drug Busts: What You Need to Know

When the police conduct a drug bust, people arrested during the bust or linked to it may have some legal trouble ahead. Fortunately, a few common issues that come up during drug busts could help these people develop defenses in criminal court. Did the Police Have a Proper Warrant, and Did They Follow It? Often, drug busts happen on very short notice, after the police get a tip. They may seek a warrant from a judge late at night, on the weekend, or extremely quickly. In their haste, the warrant may omit key information or be limited in scope. When police execute...

Continue reading

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...

Continue reading

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...

Continue reading

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...

Continue reading

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...

Continue reading

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...

Continue reading

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...

Continue reading

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...

Continue reading