If an arrest warrant has been issued for your arrest, do not wait to retain legal counsel. An arrest warrant is a serious, impending threat to your most basic human rights. It is important that you seek out an experienced criminal attorney who will diligently work to resolve these matters on your behalf. If an arrest warrant is issued for your arrest, it is likely that the police show up at your home unannounced. It is advantageous to have an experienced attorney work on your behalf to avoid any undue frustrations and embarrassment.
What Can Police Do When an Arrest Warrant is Issued?
When an arrest warrant is issued, the police have authority to arrest you in your home or in public. An arrest warrant does not give the broad police authority to enter into the home of another in order to effectuate your arrest. In order for the police to enter into another person’s home to serve the arrest warrant, they must obtain a separate search warrant for that person’s home. A judge or magistrate may only issue a search warrant for another person’s home when there is “probable cause” to believe the person sought to be arrested is in the home. The modern day definition of probable cause is, facts and circumstances that would lead a reasonable person to believe that there is a “fair probability” or a “substantial chance” that you are in the home to be searched. The officer would need to have credible, articulable facts to support the contention that a person is located within a certain household. A police officer does not need an arrest warrant for crimes that are committed in public, in his presence.
Can Police Search Property After an Arrest?
In many arrests, the officer is permitted to conduct a “search incident to lawful arrest.” The search is permissible in order to protect the officer’s safety and to protect evidence. The search incident to a lawful arrest is limited to the area within the arrestee’s immediate control and must be performed at a time “substantially contemporaneous” with the arrest. When an arrest is made inside of your home, pursuant to an arrest warrant, the officer may do a protective sweep of adjacent rooms where an attack may be launched. This protective sweep is strictly for officer safety and does not permit the officer to open drawers and look for additional evidence. For arrests made outside the home, the officer is allowed to examine the area within your immediate control to preserve evidence and ensure his safety.
Fort Lauderdale & Miami Criminal Defense Attorney
If you have an active warrant, or are anticipating that an arrest warrant will be issued for your arrest, do not hesitate to retain qualified representation. Broward criminal lawyer, Kenneth Padowitz, is ready, willing and able to defend your rights to the full extent of the law. Our firm aggressively defends those accused of State and Federal crimes, and provides strategic representation for any arrest warrants leading up to such a charge. We provide effective representation to clients throughout Broward and all of South Florida, including: Miami, Fort Lauderdale, Boca Raton, Palm Beach, Miramar, Weston, and Parkland. Contact our law firm to speak directly with an experienced Broward criminal attorney.