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Posts tagged "search warrant lawyer"

Criminal Defense Probable Cause to search

Many clients in Criminal Defense cases may question whether or not the police had a probable cause to search them or their belongings during a stop. During police encounters, it is crucial to be aware of what you are being stopped for, and most importantly what it means to determine probable cause. DWI lawyer Probable cause is defined as a reasonable belief (based on factual information) that a person has or will commit a crime. Some categories of evidence that can lead to probable cause include: observation, circumstantial evidence, expertise, information, sensory, or consent. When accused of a crime and charged with evidence following a search, it is important to know which category police officers used to create probable cause. Some of the most common categories stated are expertise, sensory, and consent. Expertise is defined as the ability to identify certain behaviors or tools through training, which indicates that criminal activity is afoot. Sensory helps officers detect crime through hearing, smell, and sight. For example, the smell of alcohol or marijuana lingering from a vehicle can promote the intent to search. Consent to search is also common, as many people are scared to deny police officers this opportunity. Consent is made when the defendant agrees to be searched.

Search Warrant

One of law enforcements greatest assets in the war on crime is the use of search warrants. Search warrants enable the police to enter someone's home and search it for various types of contraband so long as they obtain a search warrant which has been signed and approved by a judge. read about privacy rights in hotels  In order for the police to obtain a search warrant, they must show a judge that they have probable cause to believe that contraband will be found in a defendant's home. If they can do that, then they are granted a search warrant.

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