How do cops get warrants so fast?

[Mr Pickles]

Are there Amscott warrants places? Drive-Thru judges? How do they obtain an arrest warrant or a warrant to search your car or use dogs when they pull you over so quickly?

 

[Crono]

http://en.wikipedia.org/wiki/Fourth_Amendment_to_the_United_States_Constitution#Motor_vehicle

 

[darkxshade]

Don't they just fax one to a judge who signs it and blamo? You only need to give the judge a good reason to sign it no? At least that's how they play it on TV.

 

[JD50]

Are there Amscott warrants places? Drive-Thru judges? How do they obtain an arrest warrant or a warrant to search your car or use dogs when they pull you over so quickly?

They do not need a warrant to search your car or arrest you...

 

[Modelworks]

Are there Amscott warrants places? Drive-Thru judges? How do they obtain an arrest warrant or a warrant to search your car or use dogs when they pull you over so quickly?

There are situations where people think a warrant is required but it is not. Some examples:
They are talking to you outside your home and from inside the home they hear a scream or someone say help.
They pull over your car and there is a strong smell of marijuana coming from the car.

They do not need a warrant if there is something that would give them probable cause that a crime has been committed without searching the owners property. Something external like seeing part of a knife/gun , smells, sounds.

 

[Crono]

There are situations where people think a warrant is required but it is not. Some examples:
They are talking to you outside your home and from inside the home they hear a scream or someone ask say help.
They pull over your car and there is a strong smell of marijuana coming from the car.

They do not need a warrant if there is something that would give them probable cause that a crime has been committed without searching the owners property. Something external like seeing part of a knife/gun , smells, sounds.

The magic words.

 

[Mr Pickles]

http://en.wikipedia.org/wiki/Fourth_Amendment_to_the_United_States_Constitution#Motor_vehicle

Thanks but I know how warrants work and what warrants a... warrant. Your link didn't say a thing about how fast they obtain a warrant.

I'm talking about how fast they get them. They could have the right to search your car with a warrant in minutes. Its as if there is a judge sitting somewhere, waiting for a cop to call asking for one. No black robes or mallets. Just a guy with the right to tell a cop its ok to look farther than "plain sight".

 

[Crono]

Thanks but I know how warrants work and what warrants a... warrant. Your link didn't say a thing about how fast they obtain a warrant.

I'm talking about how fast they get them. They could have the right to search your car with a warrant in minutes. Its as if there is a judge sitting somewhere, waiting for a cop to call asking for one. No black robes or mallets. Just a guy with the right to tell a cop its ok to look farther than "plain sight".

What? They don't need a warrant to search a vehicle. Did you read that section of the link I posted?

 

[Modelworks]

I'm talking about how fast they get them. They could have the right to search your car with a warrant in minutes. Its as if there is a judge sitting somewhere, waiting for a cop to call asking for one. No black robes or mallets. Just a guy with the right to tell a cop its ok to look farther than "plain sight".

They don't need to see a judge, they only need to call the local magistrate who is on call 24/7. They call them , tell them the situation and the magistrate can give them permission or deny it. Paperwork is forwarded to the police later.

The term "magistrate" is often used (chiefly in judicial opinions) as a generic term for any independent judge who is capable of issuing warrants, reviewing arrests, etc. When used in this way it does not denote a judge with a particular office. Instead, it denotes (somewhat circularly) a judge or judicial officer who is capable of hearing and deciding a particular matter. That capability is defined by statute or by common law.

In many state court systems in the United States, magistrate courts are the successor to Justice of the Peace courts, and frequently have authority to handle the trials of civil cases up to a certain dollar amount at issue, applications for bail, arrest and search warrants, and the adjudication of petty or misdemeanor criminal offenses.

 

[Mr Pickles]

Don't they just fax one to a judge who signs it and blamo? You only need to give the judge a good reason to sign it no? At least that's how they play it on TV.

Exactly. It happens so fast. And no, you don't need one to search your car all the time. But put in any scenario you'd like. They get warrants quickly - that's my point.

 

[JD50]

Thanks but I know how warrants work and what warrants a... warrant. Your link didn't say a thing about how fast they obtain a warrant.

I'm talking about how fast they get them. They could have the right to search your car with a warrant in minutes. Its as if there is a judge sitting somewhere, waiting for a cop to call asking for one. No black robes or mallets. Just a guy with the right to tell a cop its ok to look farther than "plain sight".

You obviously don't know how this stuff works. Either that or your being intentionally vague. Just tell us what happened.

 

[Mr Pickles]

What? They don't need a warrant to search a vehicle. Did you read that section of the link I posted?

Yes. You haven't been on topic since this thread started.

They don't need to see a judge, they only need to call the local magistrate who is on call 24/7. They call them , tell them the situation and the magistrate can give them permission or deny it. Paperwork is forwarded to the police later.

There we go. Magistrate is on call 24\7. I didn't know that. Thanks.

 

[Mr Pickles]

You obviously don't know how this stuff works. Either that or your being intentionally vague. Just tell us what happened.

I know how warrants work. I didn't know how they were processed so fast. Nothing happened at all man. I was just curious and couldn't find my answers online so I come to ATOT for the almighty intelligence.

 

[Crono]

Yes. You haven't been on topic since this thread started.

Yeah, my response had absolutely nothing to do with your topic...

...when they pull you over so quickly?

My point was that they don't (or very rarely) need warrants in those kinds of situations because of probably cause.

If you had asked only a general question about warrant speed or about warrants to search homes, businesses, etc, I would have been off topic.

But I am glad someone answered your question.

 

[Modelworks]

There we go. Magistrate is on call 24\7. I didn't know that. Thanks.

Another thing to remember is that the term search warrant is used a lot but there are many different types of search warrant. The search warrant has to be for what the police suspect to find. So one for the home to find guns can not be used to look through your personal papers, computer, etc. The warrants for things like guns in a car are easy to get but ones for things like personal papers require a full hearing in court. Have several friends who are deputy sheriffs so I hear this stuff a lot.

 

[OILFIELDTRASH]

They don't need to see a judge, they only need to call the local magistrate who is on call 24/7. They call them , tell them the situation and the magistrate can give them permission or deny it. Paperwork is forwarded to the police later.

I have too much first hand knowledge of how all this works being on the wrong side of the law so many times.

 

[RadiclDreamer]

They do not need a warrant to search your car or arrest you...

They do need one to search unless they have probable cause. But it isnt hard for them to drum up something "probable"

 

[brblx]

What? They don't need a warrant to search a vehicle. Did you read that section of the link I posted?

did you?

notice the part about 'probable cause?'

 

[GeekDrew]

Many jurisdictions have a telephone number that the police can call 24/7 when they need a warrant, and the phone system will call whichever judge is on duty at that time, or will start trying to wake one up. Just depends on that jurisdiction's preferences.

 

[Iron Woode]

What? They don't need a warrant to search a vehicle. Did you read that section of the link I posted?

they do if they don't have probable cause.

A cop pulled me over a few years back and told me to open the trunk so he could see what was in it.

I told him no. He threatened to arrest me and said my refusal to open it gave him probable cause to search it.

I told him I wasn't that stupid and to get a warrant if he feels that way.

He gave me back my license and registration and left me alone.

note:

- I have no criminal record
- I had no outstanding warrants
- I was driving responsibly
- I was not drunk and did not consume any alcohol
- my car was legal and safe

 

[Homerboy]

- I have no criminal record
- I had no outstanding warrants
- I was driving responsibly
- I was not drunk and did not consume any alcohol
- my car was legal and safe

But what was in the trunk?

 

[Leros]

Austin has certain times where a judge will stay up all night to issue warrants for drunk drivers. Usually holidays like Halloween and St Patricks day where you have a lot of drunk drivers.

 

[Leros]

They do not need a warrant to search your car or arrest you...

They need a warrant to force you to give a sample so they can check your blood alcohol level.

 

[boomhower]

They need a warrant to force you to give a sample so they can check your blood alcohol level.

Not necessarily. In NC you can be compelled to give a blood sample for a DUI.

 

[Iron Woode]

But what was in the trunk?

my spare and jack.

I rarely used the trunk.