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InvisibleLunarEclipse
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Registered: 10/31/04
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Re: Ask a defense attorney [Re: Diploid]
    #21527545 - 04/10/15 06:45 AM (8 years, 9 months ago)

Just a guess, but if they have a warrant for your arrest I would imagine that means they are going to break down the door if you don't come out.  It's unrelated to a search warrant other than they are looking for you to take you downtown.

Now, should they find stuff after breaking down your door unrelated to your arrest, without a search warrant, they may not have probable cause to charge you with the stuff they found.

Maybe.


--------------------
Anxiety is what you make it.


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InvisibleLunarEclipse
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Registered: 10/31/04
Posts: 21,407
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Re: Ask a defense attorney [Re: Enlil]
    #21528419 - 04/10/15 11:46 AM (8 years, 9 months ago)

Quote:

Enlil said:
Quote:

LunarEclipse said:
Just a guess, but if they have a warrant for your arrest I would imagine that means they are going to break down the door if you don't come out.  It's unrelated to a search warrant other than they are looking for you to take you downtown.

Now, should they find stuff after breaking down your door unrelated to your arrest, without a search warrant, they may not have probable cause to charge you with the stuff they found.

Maybe.



If they lawfully enter a house pursuant to an arrest warrant, and they see contraband "in plain sight", they can seize the contraband and use it as evidence.  They can then use that contraband as probable cause to get a warrant to search the rest of the house.




That's when they have to wake up the judge to get him to sign the search warrant.  Or is it all electronic now.


--------------------
Anxiety is what you make it.


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