Types of Warrants Flashcards
What is a Ramey Warrant
a. Arrests warrants obtained before a complaint has been filed – as an alternative to the usual complaints / warrant procedure. Ramey arrest warrants are issued based on affidavits establishing probable cause to arrest. On finding probable cause, an arrest warrant is issued, even though no criminal complaint has been filed.
b. After the suspect named in the “Ramey” warrant has been arrested, a criminal complaint must be filed pursuant to Penal Code 849.
What is a Steagald Warrant
a. A search warrant is required in order to enter a third person’s residence to arrest a suspect who is visiting there, even though you have an arrest warrant for the suspect himself.
b. Most likely applies to entering a third person’s residence to arrest a probationer, parolee, or PRCS subject who is inside, temporarily visiting.
c. It is the third person’s privacy that is at issue in these situations.
What is a Mincey Warrant
a. If you reasonably believe that someone is in need of immediate aid, or if you are looking for possible other victims or the killer on the premises, you may enter without a warrant. Otherwise, a Mincey Warrant is required for a homicide scene.
What is a McNeely Warrant?
Forced Blood draw under the totality of the circumstances, a delay in obtaining a warrant would result in the destruction of evidence as a result of the natural metabolization of alcohol or drug levels in the blood
