When is a Warrant Required in Nevada?
Sept. 9, 2018
A warrant, or writ, is a document issued by a court that allows law enforcement to perform certain actions. There are three types of warrants including arrest warrants, search warrants, and bench warrants. The reason for warrants is that the Fourth Amendment of the United States Constitution protects citizens from unreasonable searches and seizures. Just because the police suspect you, does not mean they are eligible to get a warrant. They must have a warrant issued by the courts which means they must justify the necessity of the warrant.
A bench warrant is issued directly from the court when you miss a court appearance date. If you do not appear when you are ordered to do so, the judge looks at that as disrespect. To get you to come to court, the judge will issue what is known as a bench warrant. This means if the police encounter you, they may arrest you and transport you to court. If you have missed a court date in Las Vegas, you need to contact a defense attorney Las Vegas experienced who may be able to help you address the warrant before the police arrest you.
When a prosecutor believes they have enough evidence to charge you with a crime, they can ask the court to issue an arrest warrant. If the prosecutor believes you are a danger to the community, they may send the police to pick you up immediately. An arrest warrant is very serious in Las Vegas and if you believe one has been issued, you need to speak to a Las Vegas criminal defense attorney as soon as possible.
There are many rules regarding the issuance and procedures of a search warrant. A search warrant allows police to search your home, car or office for evidence that may connect you to a crime. Although a search warrant is not an arrest warrant, if the police find evidence, you may be arrested during the search. Many times, the search warrant has limitations on what police may search. For example, if the judge issued the warrant for your home and car, the police may not also search your office unless it is located in your home. Police may search a hotel room with a warrant as well.
Stop and Frisks
Some defense attorney Las Vegas firms say that there have been incidences of what are known as “stop and frisks,” also known as Terry stops. Although police may target people who look or act suspicious, they must have probable cause to search them. If the police find something illegal, they will arrest the person, even though they had no probable cause to stop them in the first place. The Supreme Court has ruled that this is an illegal search but you need to speak to a Las Vegas criminal defense attorney who can help you prove the police acted incorrectly.
If you have been served any type of warrant or you know there is a warrant out for your arrest, contact the defense attorney Las Vegas firm, Brian J. Smith. You can arrange for an initial consultation by simply calling 702-380-8248 or completing the form online.