Wednesday, July 25, 2007
A Warrant Is Not Always Required
Greetings!
In an effort to enhance the lives of my clients and human beings in general, I will be devoting most of my blog to explaining criminal law issues, in the hope of one day eliminating the need for the criminal justice system as we know it today.
Remember, there are four main circumstances in which a warrant is not required for police to search your home: (1) Consent. If the person who is in control of the property consents to the search without being coerced or tricked into doing so, a search without a warrant is valid; (2) Plain View. If a police officer already has the right to be on your property and sees contraband or evidence of a crime that is clearly visible, that object may be lawfully seized and used as evidence.; (3) Search Incident to Arrest. If you are being arrested in your house, police officers may search for weapons or other accomplices to protect their safety, or they may otherwise search to prevent the destruction of evidence; (4) Exigent Circumstances. Emergency situations which excuse the particular procedure from being followed or enforced.
SHALOM!
PEACE BE WITH YOU!
ON TO VICTORY!
In an effort to enhance the lives of my clients and human beings in general, I will be devoting most of my blog to explaining criminal law issues, in the hope of one day eliminating the need for the criminal justice system as we know it today.
Remember, there are four main circumstances in which a warrant is not required for police to search your home: (1) Consent. If the person who is in control of the property consents to the search without being coerced or tricked into doing so, a search without a warrant is valid; (2) Plain View. If a police officer already has the right to be on your property and sees contraband or evidence of a crime that is clearly visible, that object may be lawfully seized and used as evidence.; (3) Search Incident to Arrest. If you are being arrested in your house, police officers may search for weapons or other accomplices to protect their safety, or they may otherwise search to prevent the destruction of evidence; (4) Exigent Circumstances. Emergency situations which excuse the particular procedure from being followed or enforced.
SHALOM!
PEACE BE WITH YOU!
ON TO VICTORY!
