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An arrest warrant is an "outstanding arrest warrant" when the person named in the warrant has not yet been arrested. A warrant may be outstanding if the person named in the warrant is intentionally evading law enforcement, unaware that there is a warrant out for their arrest, the agency responsible for executing the warrant has a backlog of ...
Search incident to a lawful arrest, commonly known as search incident to arrest (SITA) or the Chimel rule (from Chimel v.California), is a U.S. legal principle that allows police to perform a warrantless search of an arrested person, and the area within the arrestee’s immediate control, in the interest of officer safety, the prevention of escape, and the preservation of evidence.
Stop and identify statutes. "Stop and identify" statutes are laws in several U.S. states that authorize police [1] to lawfully order people whom they reasonably suspect of committing a crime to state their name. If there is not reasonable suspicion that a person has committed a crime, is committing a crime, or is about to commit a crime, the ...
July 26, 2024 at 4:51 PM. Joy Phillips, an ex-detective with the Elkhart Police Department, is suing them, alleging the department and several officers forced her to sign an illegal search warrant ...
Consent searches (or consensual searches) are searches conducted by United States law enforcement after obtaining the voluntary consent of the person being investigated. In some cases, consent may also be obtained from certain third-parties. [1] Searches that are the product of consent are one of several recognized exceptions to the warrant ...
A search warrant is a court order that a magistrate or judge issues to authorize law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate any evidence they find. In most countries, a search warrant cannot be issued in aid of civil process. Jurisdictions that respect the rule of law ...
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Warrantless searches are searches and seizures conducted without court-issued search warrants. In the United States, warrantless searches are restricted under the Fourth Amendment to the United States Constitution, part of the Bill of Rights, which states, "The right of the people to be secure in their persons, houses, papers, and effects ...
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