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Article 14.01 of the Texas Code of Criminal Procedure states that a peace officer “or other person” can make an arrest without a warrant when an offense is committed in their presence or ...
The Fourth Amendment prohibits “unreasonable search and seizure,” which means police cannot search a person or their property without a warrant or probable cause. The Texas Constitution ...
You do not have to answer their questions or agree to a search. What the police can do is run your license plate through the police database for any outstanding warrants. They can do this without ...
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.
Federal search warrants may be prepared on Form AO 93, Search and Seizure Warrant. [13] Although the laws are broadly similar, each state has its own laws and rules of procedure governing the issuance of warrants. Search warrants are normally available to the public. On the other hand, they may be sealed if they contain sensitive information. [14]
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 ...
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