Different types of warrants include no-knock warrants, anticipatory warrants, nighttime warrants, seizure warrants and warrants requiring a knock-and-announce provision, according to Cornell University Law School. Officers must show probable cause to a judge before obtaining any kind of warrant.Know More
Cornell University Law School notes that knock-based warrants stipulate that officers must knock on a door and identify themselves before entering a residence. They are not allowed to force their way inside, but forced entry is permitted if the occupant does not answer the door within an established time frame. Police can obtain a no-knock warrant if they can prove that such a circumstance calls for it. For example, a no-knock is appropriate if an inhabitant has a chance to destroy evidence when the police arrive, and this type of warrant is normally granted in drug cases.
Cornell University Law School adds that anticipatory warrants are issued when probable cause is necessary at a future date, and the warrant becomes valid at a specified time. Seizure warrants are reserved for confiscating materials or stored data. This warrant also allows officers to place tracking devices on property or a person. Nighttime warrants are reserved for the evening, but jurisdictions have different meanings for this warrant. For instance, federal law states that the appropriate time to commence a nighttime warrant is between the hours of 6 a.m. and 10 p.m. However, exceptions typically apply in cases involving drug offenses.Learn more about Law
You must be a party to a lawsuit or a legal action in order to petition a judicial entity for a writ of mandamus, according to Cornell University Law School. A writ of mandamus is a court order that forces a government official, corporation or governmental body to act.Full Answer >
A person cannot avoid a subpoena simply by not being present and if the person is served with a subpoena and does not appear in court then the individual can be punished for contempt of the court, reports Cornell University Law School and the Zurin Institute. However, most of the time the subpoena cannot be issued unless there is an existing civil, administrative or criminal proceeding.Full Answer >
An acceleration clause is a term in a loan agreement that requires the borrower to pay off the loan immediately when certain conditions occur, according to Cornell University Law School. For instance, most home mortgage loans include an acceleration clause that activates if the borrower misses too many payments.Full Answer >
A claim for indemnity is a request by a person or entity to be compensated for a loss or an injury, according to Cornell University Law School. The claim is based on a contract, typically with a third party, that is likely not directly responsible for the loss or injury.Full Answer >