Murder Case Arrest Guidelines
Summary
In California, an arrest in a murder case requires probable cause. Police can search the immediate area without a warrant during an arrest, but a warrant is needed for other areas unless exigent circumstances exist. Separate properties, like a back house, require individual search warrants. Evidence found without a warrant may be inadmissible. Lack of fingerprints or DNA weakens possession charges. Legal advice is recommended for a detailed assessment.Full Conversation
Can you search the home where you arrested them
Generally, law enforcement can conduct a search of the home where an arrest is made under certain circumstances. Here are the key points:
- Search Incident to Arrest: Police can search the immediate area around the person arrested without a warrant.
- Exigent Circumstances: If there is a risk of evidence being destroyed, officers may search the home.
- Search Warrant: In most cases, a warrant is needed to search beyond the immediate area.
Where are you located? This will help tailor the information more specifically to your jurisdiction.
- Search Incident to Arrest: Police can search the immediate area around the person arrested without a warrant.
- Exigent Circumstances: If there is a risk of evidence being destroyed, officers may search the home.
- Search Warrant: In most cases, a warrant is needed to search beyond the immediate area.
Where are you located? This will help tailor the information more specifically to your jurisdiction.
If a person was arrested at a home without search warrant can the search a home?? If found anything illegal can they be charged with it as well
If law enforcement arrested an individual at a home without a search warrant, they may search the immediate area around the person ("search incident to arrest"). However, searching the entire home typically requires a search warrant unless exigent circumstances exist. If illegal items are found during a lawful search, the individual can be charged.
Where are you located? This helps provide more precise information.
Where are you located? This helps provide more precise information.
Ca
In California, the following key points apply:
- Search Incident to Arrest: Police can search the area within the immediate control of the arrested person.
- Exigent Circumstances: Officers can conduct a warrantless search if there's an immediate risk of evidence being destroyed.
- Search Warrant: Required to search other areas of the home. Evidence found during a lawful search can lead to additional charges.
Is there anything more specific about the arrest or search you'd like to know?
- Search Incident to Arrest: Police can search the area within the immediate control of the arrested person.
- Exigent Circumstances: Officers can conduct a warrantless search if there's an immediate risk of evidence being destroyed.
- Search Warrant: Required to search other areas of the home. Evidence found during a lawful search can lead to additional charges.
Is there anything more specific about the arrest or search you'd like to know?
If a person lives in the front house and there’s a back house and the police arrested the person and found something illegal in the back house can they be charged
In California, if the front house and back house are separate living spaces and the police do not have a warrant for the back house, any evidence found there might be contested in court. It depends on whether the police had legal grounds to search the back house.
Do you have more details on whether the front and back houses are considered one property or separate units?
Do you have more details on whether the front and back houses are considered one property or separate units?
Two separate houses
In California, if the front and back houses are legally considered separate properties, the police would typically need a separate search warrant for each house. Evidence found in the back house without a warrant may be inadmissible in court.
Is there any more specific detail you can provide about the arrest or the properties involved?
Is there any more specific detail you can provide about the arrest or the properties involved?
With no finger prints or DNA
In California, the absence of fingerprints or DNA doesn't automatically invalidate evidence found during a search. However, the legality of the search is crucial:
- Search Incident to Arrest: Immediate area around the arrestee can be searched.
- Exigent Circumstances: Immediate risk of evidence destruction may allow warrantless search.
- Separate Properties: Separate search warrants are typically required.
Do you know if any other evidence or probable cause was presented to justify the search of the back house?
- Search Incident to Arrest: Immediate area around the arrestee can be searched.
- Exigent Circumstances: Immediate risk of evidence destruction may allow warrantless search.
- Separate Properties: Separate search warrants are typically required.
Do you know if any other evidence or probable cause was presented to justify the search of the back house?
No
In California, the police generally need a search warrant to search separate properties (like the back house) unless there are exigent circumstances. Without a warrant or probable cause, evidence found in the back house might be inadmissible. Given the complexity, consulting a lawyer for a detailed assessment is advised.
Would you like more information on how to challenge the search or the evidence found?
Would you like more information on how to challenge the search or the evidence found?
If a person was arrested in the front house and on the property there’s a back house and the police found illegal items in the back without the person in the front fingerprints or DNA can they be charged with murder
In California, the presence of illegal items in the back house could lead to charges if there's sufficient evidence connecting the person to those items. However, the lack of fingerprints or DNA weakens the case. Legal advice is strongly recommended for a detailed assessment.
Would you like more information on defending against such charges or challenging the search?
Would you like more information on defending against such charges or challenging the search?
What if it wasn’t in the person possession
In California, to charge someone with possession, the prosecution must prove that the individual had control over the illegal items. If the items weren't in the person's possession or control, it could weaken the case against them.
Would you like information on possible defenses?
Would you like information on possible defenses?