Law & Legal & Attorney Criminal Law & procedure

Rights for Warrants

    Warrant Exceptions

    • In some cases, the rights of a person to be served a warrant based on evidence is not necessary. In these cases, a law enforcement officer can make an arrest only under special circumstances. These circumstances include the police officer witnessing the crime or when there is extensive reason to believe a suspect could successfully flee before a warrant can be properly issued.

    Warrant Copy Request

    • Everybody has the right to ask for a copy of an arrest warrant or be given a detailed description of the charges that have been filed against them. The law enforcement officer making the arrest must have the warrant in his possession, and a suspect is entitled to receive a copy. In the event a person is being arrested without a warrant, the arresting officer must tell you what charges you are being arrested on.

    Search Warrant Regulations

    • When applying for a search warrant, the target of the search is provided rights that ensure the search is defensible. The officer filing for the search warrant is required to make a sworn statement there is adequate probable cause for believing that a suspect or evidence of a crime will be discovered as a result of the search.

    Search Warrant Limitations

    • Certain rights apply to protect the individual from comprehensive searches of their location. The warrant must describe in detail the person or the type of evidence that will be the subject of the search. The scope of the search must be limited only to realistic expectations of the location of evidence. A warrant approved for the search for a rifle would not make it legal to inspect small drawers or a knapsack, for instance.

    Seized Vehicle Searches

    • Vehicles that have been seized by police during the commission of a crime are usually impounded. Any vehicle that has been impounded by a law enforcement agency can be thoroughly searched without the necessity for a search warrant. An inventory of the property is the owner's only legal right to protection against a search of this type.

    OSHA Inspection Warrants

    • Officials from the Occupational Safety and Health Administration can inspect a workplace during any reasonable time to check for violations of regulations, but only when the officials are equipped with a warrant. If the official does not have a warrant, the employer in charge of the business must voluntarily agree to the inspection.

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