Do Homicide warrants require a knock and announce rule?
359147
When the officer presents the affidavit to the issuing judge that officer can request the judge issue a no knock clause into the warrant.  No knock warrants are issued when evidence may be destroyed, a person's life or safety is in jeopardy or any other compelling reason listed on the affidavit by the officer.  Be wary of some answers as some people like to give advise when they don't have the knowledge to do so.  You have changed your question.  I answered based on a warrant.  If a officer is in direct pursuit-no warrant is needed.  If an officer sees a crime taking place-no warrant.  ****Try reading your text book!  I've checked on your questions asked and it is indeed your homework!
908241
Excellent question. Police officers can and do pronounce individuals dead when it is obvious. Sometimes EMTs may disturb a crime scene and, therefore, the EMT is not needed to pronounce death. These are on obvious cases. A well meaning EMT may want to help, but sometimes, they are not needed to pronounce death. Body position and the overall scene are extremely important in death investigations. An officer does not want someone to contaminate the crime scene. If the EMT arrives at the scene first and is actively working on an individual, most officers would assume that they are going to transport him or her. Other times, an EMT will wait for the officer before going into the scene due to the nature of the call (weapons, etc.).
1151239
They have to have substantial probable cause that a crime has been commited inside the residence OR evidence of a crime may be contained within to even gain a search warrant. \n\nThat warrant is granted only to search for specific things related to a specific crime. It doesn't just grant all access to rip apart everything in the home. \n\nTo properly litigate you need to know exactly how the state grants warrants and under what circumstances. Then you need to know what it was granted for specifically and if the evidence found due to the warrant was outside the realm allowed by the warrant.
810240
I live in N.C. and unless he is under house arrest or the judge put a curfew on him then I suppose he can stay out all nite, but if he's not paying his parole officer and keeping a job then yes they can put out a warrant for his arrest if he's not going in to see his parole officer..
669975
NO...\n\nTrespass laws in Texas do not make Homicide/Manslaughter legal....the circumstances are very clear, you havt to meet certain criteria, and that's not someone walking acoss your property.\n\n"Deadly force" is authorized to protect property by 9.42 for the following offenses:\n\n(A) to prevent the other's imminent commission of\narson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime;\n\nor\n\n(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property;\n\nand\n\n(3) he reasonably believes that:\n\n(A) the land or property cannot be protected or\nrecovered by any other means;\n\nor\n\n(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.\n\nThe first two paragraphs in 9.42 says deadly force can be used under the provisions of 9.41 if the crime is commited after dark.9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:\n\n(1) if he would be justified in using force against the\nother under Section 9.41; and\n\n(2) when and to the degree he reasonably believes the\ndeadly force is immediately necessary:\n\n(A) to prevent the other's imminent commission of\narson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime. \n\nDeadly force is only justified when a person reasonably believes that it deadly force is immediately necessary to prevent another person from committing arson, burglary, robbery, aggravated robbery, and theft or criminal mischief during the nighttime. Nowhere in the statue is "Deadly Force" authorized to prevent the immneint commission of criminal trespassing or criminal trespassing during the nighttime.
682725
None that I know of--- that was a problem -- I notice when I worked for the County as a dispatcher.\n\nPerhaps you should contact your precinct commissioner and have him bring this issue to the next meeting. Maybe they can create a loud music/noise ordinance that sets some guidelines for residences located within so many feet of each other.\n\n*Better yet, attend the next commissioners meeting and formally go on record with your request.
1022490
A probable cause affidavit or declaration are filed with the court any time law enforcement arrests someone without a warrant.\nIn other words, they catch a robber in the act.  The court nor the prosecution has not issued a warrant cuz they didn't even know it had happened.  The cop then files the affidavit/declaration, explaining what facts he or she relied upon in order to have probable cause to arrest (which means that it is likely a crime was committed and the person arrested is the one who did it - a judge reviews them to make sure that person was lawfully arrested).\n\nProsecutors can then in certain states file a complaint (what the document is called that charges a person with crimes) based solely on the probable cause affidavit (rather than reading a complete police report).  Since it is an affidavit and signed under penalty of perjury it is sufficient.\n(there are other ways a complaint can be filed as well, so that statement explains which procedure was used).\n\nBasically it means that a complaint has been filed with charges alleged.  The person charged, then will enter a plea of guilty or not guilty and the case proceeds.
862388
Nope, it's just the beginning. \n\nWhat is a preliminary hearing? \n\nEvery person who is charged by warrant is entitled to a preliminary hearing. If a person remains in jail, he or she is entitled to a preliminary hearing within 10 days of arrest. If a person is released from jail on bond, he or she is entitled to a preliminary hearing within 30 days of arrest.\n\nA preliminary hearing is a test of the charge against the accused. The prosecutor must present evidence and witnesses that prove that it appears that an offense has been committed that there is probable cause to believe that the person accused committed it. The accused may cross-examine witnesses and may present evidence if he or she wishes.\n\nIf the judge makes a finding of probable cause after hearing the evidence, the charge is sent to the grand jury. If the judge does not find that it appears that an offense has been committed or that the accused is likely the person who committed an offense, the accused is discharged and the charge is dismissed. If the accused is discharged and the charge dismissed after a preliminary hearing, the prosecutor may still present evidence to the grand jury to see if they will find probable cause.
189751
Yes, although if they don't have a warrant they have to give you 24 hours notice, and you can choose to be present at the time of the search, but it is the owner and not the occupant that gets to make that call.
1042643
A warrant gives law enforcers the authority to perform an action, such as search your house or arrest you.  It unties the police's hands of having to have 'probable cause' in order to treat you as a suspect.\n\n\nThe Miranda Warning(for USA) is:\nYou have the right to remain silent. If you give up that right, anything you say can and will be used against you in a court of law. You have the right to an attorney and to have an attorney present during questioning. If you cannot afford an attorney, one will be provided to you at no cost. During any questioning, you may decide at any time to exercise these rights, not answer any questions, or make any statements.
930751
If police knock and ask to enter your home, you may refuse to admit them without a warrant signed by a judge with one exception — in some emergency situations (like when a person is screaming for help inside, or when the police are chasing someone) officers are allowed to enter and search your home without a warrant. Also they Can enter if there has been a question about your well being. Meaning someone has called and stated they haven't heard from you in some time and are concerned. Hey using a key is much better than replacing a busted down door.
27019
Except in rare circumstances, the authorities must go before a judge to obtain a legal warrant before they can do this.  Even in situations where they can do this without a warrant (this possibility is currently being debated and may make it to the United States Supreme Court) they must go through a very lengthy, detail, multiple step process to do so.\n\nUnless you are telephoning (or receiving calls from) known terrorist group members outside the U.S. I wouldn’t worry about it.
668026
No, they do not have to.\n\nA Miranda warning must be given if the Police intend to use any statement you make subsequent to arrest against you. If they have no intention of doing so then they have no need to adminsiter the warning.\n\nMost police departments simply give the warning as a matter of routine procedure.
1132246
it depends on who's doing it.  If its part of a legal investigation and the agency doing the investigation has a legal warrant then all they have to do is call the phone company and have a tap put on but otherwise someone would physically have to put a listening device on your line
576064
This is going to vary by state...no matter what anyone else says.\n\nIn California, it doesn't happen.  DMV can't even keep straight what they are responsible for, let alone things they're not responsible for.\n\nEDIT 5.9.06\n\nWell, the lawyer does indeed trump the cop on this one, but given context of the question, I think the cop is more on point.\n\nBut well said anyway :)\n\n(although....at least in California...not *entirely* true: a misdemeanor arrest warrant lacking an endorsement for night service cannot be served in the wanna'-be-arrestee's home after 10pm)
588083
No, a search warrant can only be granted for felonies.  An exception to this would be a search-incident-to-arrest.  But, the police cannot obtain a search warrant to search for evidence of a misdemeanor.\n\nLet me qualify with the majority approach.\n\nProbable cause exists where the facts and circumstances within the officers' knowledge and of which they have reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that evidence subject to seizure will be found in the place to be searched.\n\nEvidence subject to seizure is evidence of an offense.  \n\nOf course, the search warrant must be granted by a neutral magistrate after all of the other warrant requirements are met.  Whether a magistrate would grant a search warrant for a misdemeanor is another question.  It will depend on the jurisdiction.  But, as the other answers are indicating, the majority seems to be that any crime will satisfy the probable cause requirement of a warrant.
175338
Generally, in order for a person to be considered legally notified, the letter would have to actually be recieved by the due date.\n\nThis is an area of the law that is determined more by legal precidents set by the courts than actual statutes, and such precidents will vary slightly from one area to the next.  \n\nWhat is interesting is that the contract specifies that the notification should be "by mail" rather than simply stating "in writing".  Because the contract indicates that notification by mail is expected, it could be argued that the seller has accepted the implied limitations of that form of notification.