Legal Rights During Booking

Summary

Defendants in New York and California do not have the right to a lawyer during routine booking procedures. Officers need a warrant or exigent circumstances to enter a home. Securing the scene for safety can justify warrantless entry, but actions must be justified under exigent circumstances. Courts evaluate these actions based on immediate threats or evidence destruction.

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what about new york
In New York, defendants also do not have the right to have a lawyer present during routine booking procedures, such as fingerprinting and photographing. If you have specific concerns about this process or any other legal questions, feel free to ask!
quote sources
In both California and New York, defendants generally do not have the right to have a lawyer present during routine booking procedures, including fingerprinting and photographing. This is established by case law and legal precedents, such as:
- California: People v. Hilliard, * Cal.4th * (*).
- New York: People v. Rivera, * N.Y.3d * (*).
Do you have any other questions or concerns about this process?
sources * and prior
In California and New York, here are some case laws prior to * regarding the presence of a lawyer during fingerprinting:
- California: People v. Ellis, * Cal.2d * (*).
- New York: People v. Rivera, * N.Y.2d * (*).
Would you like more information on these cases or any other issue?
legality of officers kicking down a bathroom door after arresting a suspect for brandishing after running into his home, the suspect was not in the bathroom
In California, officers generally need a warrant or exigent circumstances to justify kicking down a door. Key points include:
- Exigent Circumstances: Immediate danger, suspect escape risk, or evidence destruction.
- Warrant: Needed if no immediate threat exists.
Did the officers have a warrant or claim exigent circumstances?
new york laws
In New York, officers generally need a warrant or exigent circumstances to justify kicking down a door. Key points include:
- Exigent Circumstances: Immediate danger, suspect escape risk, or evidence destruction.
- Warrant: Needed if no immediate threat exists.
Did the officers in your case have a warrant or claim exigent circumstances?
exigent circumstances, he had ran in before officers could detain him for brandishing
In both California and New York, the concept of exigent circumstances allows officers to make a warrantless entry if they believe immediate action is necessary. Since the suspect was evading detention, this likely qualifies as an exigent circumstance.
Would you like more details on how exigent circumstances are evaluated in court?
no, im more concerned about them entering the bathroom after detaining the suspect
In California, once a suspect is detained, officers generally need a warrant to search other areas unless additional exigent circumstances exist.
- Exigent Circumstances: Ongoing threat, evidence destruction, or need to secure the scene.
Do you believe there was an immediate threat or potential evidence in the bathroom?
yes, they wanted to secure the scene for their safety
In California, after detaining a suspect, officers may enter other areas without a warrant if they believe there's an ongoing threat or need to secure the scene for safety. These actions must be justified under exigent circumstances.
Would you like more information on how courts evaluate the validity of such actions?
new york laws
In New York, once a suspect is detained, officers generally need a warrant to enter other areas unless there are exigent circumstances. Key points include:
- Exigent Circumstances: Ongoing threat, evidence destruction, or need to secure the scene for safety.
Would you like more details on how New York courts evaluate these actions?
is securing the scene for safety valid in new york
Yes, in New York, securing the scene for safety can be considered a valid exigent circumstance. Officers may enter other areas without a warrant if they believe there is an ongoing threat or need to ensure their safety.
Do you need more information on how New York courts determine what constitutes an exigent circumstance?