Warrant, Arrest, and Custody Law
Police officers are tasked with carrying out warrants, arrests, and taking suspects into custody. Of course, police officers have their own sets of laws governing these important roles. Learn more here.
What Is an Unlawful Police Stop?When a law enforcement officer stops a driver and then later finds something that warrants an arrest, an effective legal defensive strategy may be to challenge the original stop. This can sometimes lead to evidence that arose during an unlawful stop being deemed inadmissible at the criminal trial.
Read more- When Does a Disagreement With a Cop Rise to Resisting Arrest?
Disagreements with law enforcement officers on duty typically rise to the level of resisting arrest when the officers are in the progress of arresting a criminal suspect. There are times, however, not related to an arrest when officers can charge someone with resisting arrest, should exchange between citizen and police become heated or aggressive.
Read more - Exigent Circumstances: How They Let Police Search Without a Warrant
When exigent circumstances exist, police officers do not need a search warrant, do not need to knock on the door and can enter the house without permission from the owner or tenant. In these situations, police officers can search and seize property based on the exigent circumstances involved in the case with the possible perpetrator.
Read more - When Can Police Search My Home Without a Warrant?
The right of protection from unlawful search and seizure is in effect for United States citizens, but sometimes the local and federal law enforcement agencies are permitted to search a home without needing a specific warrant. It is these situations that need clarification and a better understanding for those affected.
Read more - What Are the Rules for Police Lineups?
Having an eyewitness testify that he or she saw the suspect commit the crime or some act associated with the crime can be powerful evidence for a prosecutor. Realizing this, the United States Supreme Court and state courts across the country have established strict guidelines regarding police lineups.
Read more - Property Damage and Injuries Due to a Police Chase
A police chase often causes a certain amount of harm as collateral damage along the way as the driver leading the chase smashes into buildings, destroys private property, causes pedestrian or other drivers’ injuries and destruction to the roads. Understanding liability in these situations is important so that the proper person or entity pays for the expense.
Read more - What Are the Rules Regarding Warrants Based on Informant Tips?
Dealing with informants is a controversial aspect of criminal law. Several Supreme Court cases have helped to mold this area of the law. States may have additional requirements under their laws.
Read more - Police Use of Homeowner's Property for Surveillance of Neighbors
Private surveillance cameras on the outside of the property may capture any number of crimes in progress, and the local law enforcement agency may contact a homeowner for use of these cameras to surveil a neighbor suspected of illegal activities. It is important to know the rights in these situations, and if necessary hire a lawyer.
Read more - Reasonable Suspicion to Stop a Vehicle
The terms “probable cause” and “reasonable suspicion” are sometimes used interchangeably. However, these are two different standards, with reasonable suspicion being the less exacting standard. Reasonable suspicion is all that is required for a law enforcement officer to conduct an investigatory traffic stop.
Read more - What To Do When Being Pulled Over
Being pulled over by a law enforcement officer can be a stressful situation, even when the person being pulled over has done nothing wrong. In many cases, the law enforcement officer has the discretion of whether or not to give the individual a ticket or let him or her off with a warning. Some proactive steps can help increase a person’s likelihood of avoiding a ticket, including the following measures:
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