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Las Vegas Search Warrants

Search Warrants in Nevada

Law enforcement officers are permitted to search suspects or those under arrest subject to certain carefully prescribed procedures so as not to intrude on that person’s right of privacy or constitutionally protected right to be free from unreasonable searches and seizures.

The Fourth Amendment to the U.S. Constitution protects people from unwarranted or illegal searches conducted by police by first requiring police to establish probable cause that a crime has been committed and then allowing a search only with a court-issued search warrant.

The courts have allowed a number of exceptions to the search warrant requirement, especially in situations where obtaining a search warrant would not be practicable and would jeopardize the safety of police or others or could result in the destruction of evidence or contraband.

Search Warrant Requirements

Before a search warrant can be issued, a law enforcement officer must first present to a judge an application or affidavit describing evidence of criminal wrongdoing or establishing probable cause that a crime has been committed by a specific person. The affidavit may be oral or written.

The warrant must also state that the place to be searched is suspected of containing certain evidence of the crime. The search must also be limited in scope and be reasonable. The warrant must also describe the evidence sought and that it may be found in a particular location.

The reasons or grounds for the warrant may be stolen property, property that evidences the commission of a felony, items that may be used to commit a felony, child pornography, or cases where an arrest warrant has already been issued.

Exceptions to the Warrant Requirement

• Hot Pursuit

If someone suspected of committing a crime is fleeing law enforcement officers, the police may enter a person’s home or property to pursue the suspect.

• Consent

A person may consent to the police searching his person, vehicle or home. The consent must be voluntary and freely given.

• Exigent Circumstances

A very broad exception is exigent circumstances where there is an emergency. This would include situations where someone’s life is in danger, the suspect is escaping, or evidence is about to be destroyed or removed. In some cases, police may enter a house without a warrant to secure it and to prevent the destruction of evidence while a search warrant is being obtained.

• Search Incident to Arrest

When someone is placed under arrest, the officers have the right to search the person and the immediate area within that person’s presence for weapons. For example, if a person was arrested in his kitchen, the police may search the kitchen but not the bedroom since it is not within the immediate presence of the arrestee.

• Traffic Stops

If police stop a vehicle for violating a traffic law or if the driver is reasonably suspected of driving under the influence, police may search the vehicle but only if they believe the person has contraband or incriminating evidence.

• Plain View

If contraband or evidence of criminal wrongdoing is open to public view, the police have the right to seize it without a search warrant.

Defenses to a Search Warrant in Nevada

Search warrants may be challenged in various ways.

• Lack of probable cause. The officer may have presented false testimony in the affidavit or application or failed to show the likelihood that criminal evidence would be found in the place to be searched.

• Search was overbroad. The officers extended the search to areas not listed in the search warrant or seized evidence not named in the warrant, not in public view or which was not clear evidence of the commission of a felony.

• Application fails to show reliability. Although informants or even drug-sniffing dogs may be used to establish probable cause, their reliability must be proved sufficient to meet certain standards.

Challenging a search warrant demands the knowledge and experience of seasoned criminal defense attorneys. If you or a loved one are facing serious criminal charges, promptly contact Las Vegas criminal defense attorney Brett Whipple to protect your constitutional rights at 702.731.0000

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Do you have a warrant in Las Vegas? Your future is bright, don’t let a warrant get in the way. Call us now at 702.731.0000.

Call us before you get picked up.

Call us before it’s too late. 702.731.0000

Worried about going to jail? Call us.

If you know you have an outstanding warrant in Las Vegas, North Las Vegas, or Henderson, don’t wait before it’s too late.

Call Las Vegas Warrant Lawyer Brett Whipple today at 702.731.0000.

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Search for Warrants in Las Vegas

Las Vegas Arrest Warrant

When a warrant has been issued for someone’s arrest, he or she needs to contact a skilled Las Vegas arrest warrant attorney as soon as possible. An arrest warrant gives the police immediate power to actively seek out and arrest someone at their residence or place of business. An arrest warrant is usually issued because the police have sufficient evidence to suspect that a crime has been committed. An arrest warrant may also be issued because of a grand jury indictment.

If you are arrested due to an arrest warrant, the police will want to question you. It is important that you do not say anything until you have an attorney present as you may say something incriminating without even knowing it.

If you become aware that an arrest warrant has been issued for you, contact us immediately so that we may negotiate an alternative to being arrested and taken into custody. Do not talk to the police and do not turn yourself in. Do not ignore an arrest warrant. Call us today at 702.731.0000

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Las Vegas Bench Warrants

What is a Bench Warrant?

Most bench warrants are issued by judges. The reason why it’s called a bench warrant is because a judge sits on a so-called “bench”; hence the term: “bench warrant”

A court may issue a bench warrant as well. For instance, if you fail to pay a fine or fail to appear in court, through the judge’s power, a court may issue a bench warrant for your arrest.

In some cases, and especially in Las Vegas, Nevada, a court or judge will deliver a bench warrant to a police officer, a marshal, or a constable for enforcement of the bench warrant.

When a bench warrant has been issued, it will remain active until a warrant lawyer quashes the warrant by either filing a motion or appearing in court on behalf of the person named in the warrant. Alternatively, a bench warrant can be quashed when the person named in the warrant is arrested and taken into custody.

Hiring an Aggressive Las Vegas Warrant Attorney

If you are in warrant, call us today at 702.731.0000. We are here to avoid you getting arrested because of an outstanding warrant. You can avoid jail time and excessive warrant fees by contacting a Las Vegas warrant attorney. Call us today so that we can quash your bench warrant before you quash your own warrant by being arrested and taken into custody.

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