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Arrest Without Warrant By Police In San Diego
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State:
Multi-State
County:
San Diego
Control #:
US-000280
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FAQ
If evidence is obtained without a valid search warrant, and no exception to the warrant requirement applies, the evidence may be subject to the exclusionary rule. The exclusionary rule prevents illegally obtained evidence from being admitted in a court of law.
If there is a reasonable expectation of privacy and there is not probable cause, a search warrant is required. However, if probable cause does occur, such as a suspect runs away, a gunshot is heard from another room in a home, or even when an individual makes a sudden movement, a search becomes legal without a warrant.
Hot pursuit: Officers can arrest and search individuals who are suspected of committing a felony. For the pursuit, officers can enter any property to search and seize evidence without warrants.
When making an arrest without a warrant, the officer shall inform the person to be arrested of his authority and the cause of the arrest, unless the person to be arrested is then engaged in the commission of an offense, or is pursued immediately after its commission or after an escape, or flees or forcibly resists ...
You can usually “quash” a bench warrant by appearing in court or a lawyer appearing for you. To successfully quash a bench warrant means the court will remove it from California's judicial system. In most cases, you must appear in court to recall a warrant.
In California, the person may only get the warrant if there's probable cause that they committed the act. They may also get it if a grand jury issues an indictment. An outstanding warrant can remain active indefinitely until the person is arrested or dies.
You can find out if you have a warrant by looking at the San Diego Sheriff's website: San Diego County Sheriff's Department (sdsheriff). In order to address the warrant, you will need to appear in front of a judge (whether you post bail or not).
To remove or clear the warrant (quash), you or your defense attorney should voluntarily appear before the judge and request a warrant recall. In California, the primary warrants within the criminal justice system are a bench warrant, an arrest warrant, and a search warrant.