Search Warrant Probable Cause

Summary

In California, detectives can obtain a search warrant for identity fraud if theres probable cause, even without direct evidence of murder. However, any evidence related to the murder found during the search must be in plain view to be admissible. Detectives generally cannot operate outside their jurisdiction without permission, and doing so could render any obtained evidence inadmissible and lead to professional consequences.

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Setting is california
That's great! To better assist you, could you please specify the legal issue or situation you are researching for your novel? For instance, are you looking into criminal law, property law, or family law in California?
Criminal law
That's great! California's criminal law is a complex field. Are you researching a specific area such as homicide, robbery, drugs, or white-collar crimes? This will help me provide more relevant information.
Detective Alex suspects Max comitted murder with no evidence, but has documents that shows he comitted identity fraud. Can Alex obtain a warrant to search Max's house?
In California:
- A warrant can be obtained if there is probable cause.
- Evidence of identity fraud could be used as probable cause.
- Lack of murder evidence doesn't prevent a warrant for other crimes.
- A judge will decide based on available evidence.
That's my dilemma
To clarify, are you asking if the documents related to identity fraud can be used as probable cause to search Max's house for evidence of murder, despite no direct evidence linking Max to the murder?
Yes
In California:
- Yes, if the documents related to identity fraud provide probable cause, a warrant can be issued even if they're unrelated to the murder.
- However, any evidence found related to the murder can't be used unless it's in plain view during the search.
I'll have to rewrite what i have now.
I understand that this might require some adjustments in your story. Is there anything else you'd like to know about California's criminal law that could assist you in your novel's authenticity?
Can Alex go out of his jurisdiction to retrieve evidence?
In California, a detective generally cannot operate outside their jurisdiction without local authority's permission. Here are some points:
- Cooperative agreements can allow jurisdictional crossover.
- Some crimes, like federal offenses, transcend jurisdictional boundaries.
- Violations could result in evidence being inadmissible in court.
What if he does?
In California:
- If a detective operates outside their jurisdiction without permission, any evidence obtained may be considered illegal.
- This could lead to the evidence being deemed inadmissible in court.
- It may also lead to professional consequences for the detective.
Thank for the information. You've been helpful in me writing this novel
You're very welcome! It's been a pleasure assisting you. If you have any more questions in the future about legal aspects for your novel, feel free to reach out. Happy writing!