Arizona Police use dog to search vehicle

Do Police Need a Search Warrant to Search a Car in AZ?

In Arizona, people are protected against an unlawful vehicle search or seizure by the Fourth Amendment to the U.S. Constitution. While the Fourth Amendment requires officers to get search warrants before they search your property, there are several exceptions to the warrant requirement that allow them to search without a search warrant.

Vehicle searches are treated differently than searches of your home,and police are generally allowed to conduct warrantless searches of vehicles as long as they have probable cause.

Several other exceptions also allow police to search vehicles without warrants, including consent, searches incident to an arrest, inventory searches, plain view searches,and searches based on reasonable suspicion. We’ll take a brief look at each of these exceptions below.

Warrantless Searches Based on Probable Cause

In 1925, the U.S. Supreme Court established the mobile conveyance exception to the search warrant requirement in Carroll v. United States. In their decision, Supreme Court distinguished vehicles from homes, noting that vehicles can easily be moved away from a traffic stop, and evidence could be destroyed.

As long as police have probable cause, they can search your car without a warrant under the mobile conveyance exception without it being considered an unlawful search.

An officer has probable cause when a reasonably prudent person in the same situation would believe that evidence of a crime is likely located inside of a vehicle. However, only the areas in which the suspected evidence would likely be located can be searched.

For example, if a police officer has probable cause to believe that you stole your neighbor’s 60-inch television and that it is likely hidden in your car, he or she can search your vehicle’s trunk. However, the officer would not have probable cause to search your glove box since a television would not fit inside.

If a police officer pulled you over for a minor traffic violation, he or she will generally not have probable cause to support a warrantless search of your vehicle. However, if your conduct following the stop allows the officer to develop probable cause that evidence might be located in your vehicle, he or she can search without a warrant.

Consider this, if you are stopped for speeding, the officer will not be able to search your car based only on that. However, if he or she smells alcohol on your breath, he or she can search your car for open containers of alcohol.

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White collar crime attorney in Arizona

What is White Collar Crime in Arizona?

Unlike most other crimes, white collar crimes are often difficult to detect and not as out in the open and blatant as something like armed robbery, for example, which is easy to get caught for and generally much easier for the prosecution to prove in a court of law. However, when it comes to white collar crimes that involve embezzlement, the laundering of money, or extortion, the charges are in most cases not as obvious — but that absolutely does not mean that being charged with white collar crime comes with lesser charges — in fact, the penalties, fines, and other sentencing can be just as severe if not worse in some cases.

White collar crimes involve many different types of charges not only in Arizona, but also on the federal level. Our Arizona based law firm, the Shah Law Firm, has years of experience representing people with these cases. Our white-collar crime attorneys in Phoenix understand how to defend against these charges and to investigate cases thoroughly for our clients. We offer no-cost legal consultations to those interested in learning more about our expertise and services.

White Collar Crime Defined

In the most basic sense, white collar crime is one in which there was no violence used, and the perpetrator of the crime had something financial to gain by committing the crime. Most frequently investigated by the Federal Bureau of Investigation, or the FBI, white collar crime is typically characterized by the concealment of the truth, or through violation of trust through deceit in any number of forms. And, in most instances, the motivation for white collar crime is the financial gain on the part of the perpetrator of the crime.

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unemployment fraud in AZ

Unemployment Insurance Fraud Charges in Arizona

Unemployment insurance fraud is a serious criminal offense in the State of Arizona. This is a Class 6 felony where someone misrepresents or fails to disclose facts or makes false statements to get or increase their unemployment insurance benefits. If you make a false statement or withhold information knowingly to collect these benefits, you could face civil or criminal charges.

Penalties for Unemployment Insurance Fraud

Unemployment Insurance Fraud in Arizona In the state of Arizona, unemployment fraud is a serious charge that carries with it some hefty penalties, including as much as two years in prison and fines up to $150,000 for each individual false statement made to the state of Arizona. That means, for example, if you received five weeks of unemployment insurance of which you were not legally entitles, those five weeks will each be considered by the court as a separate false statement for which you could be sentenced up to 10 years in prison.

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attorney for fraudulent schemes in Arizona

Arizona Fraud Schemes

In Arizona, a fraudulent scheme occurs when someone creates something to defraud or obtain a benefit by fraudulent representation or promises. There are countless types of fraud schemes that can lead to criminal charges. With the help of a fraud attorney from Shah Law Firm, you can ensure that your legal rights are protected every step of the way.

There are many different things that can be determined to be fraudulent schemes in the state of Arizona, including:

  • Writing bad checks
  • Mortgage fraud
  • Bank fraud
  • Money laundering
  • Forgery

Based on Arizona Revised Statutes § 2310, any person who, pursuant to a scheme or artifice to defraud, knowingly obtains any benefit by means of false or fraudulent pretenses, representations, promises or material omissions is guilty of a class 2 felony. At its core, this basically just means that anything in this category is a fraudulent scheme, and in some circles, these are the types of crimes people are referring to when they say “white collar crime.”

Penalties for Fraudulent Schemes in Arizona

Conviction on a first-offense fraudulent scheme charge is a class 2 felony, which can be sentenced with up to a year in jail or as much as three years in prison. Someone also can expect hefty fines and other punishments. Our goal as your defense attorney is to devise defense strategies that will help you to get reduced or dismissed charges.

Defenses to Fraudulent Schemes

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Why You Need Criminal Fraud Charges Defense in Scottsdale

At Shah Law Firm PLLC, our experienced criminal fraud charges defense legal team has years of experience representing individuals facing criminal fraud charges and a keen understanding of all fraud laws in Arizona. We have defended countless individuals in court and gotten them the results they deserve.

We pride ourselves on protecting the legal rights of all of our clients in and around Scottsdale, Arizona.

Penalties for Fraud Charges in Arizona

In Arizona, fraud occurs when someone knowingly benefits from an individual or business entity under false pretenses. Many crimes, known as white-collar crimes, fall under the fraud category, such as mortgage fraud, bank fraud, healthcare fraud, money laundering, forgery, extortion, and bribery. These are considered a Class 2 felony and can result in probation and up to 15 years in jail. Our criminal fraud charges defense team can represent you when you need expert legal help by your side in Scottsdale.

Fraud Charges Defenses

The key to defending fraud charges in Arizona is to prove that you, the defendant, did not knowingly commit this crime. If you or a loved one have been charged with fraud charges in or around Scottsdale, Arizona, you need legal help. Our fraud lawyer can do a full investigation of the facts of your case to uncover any inconsistencies that can be used in our defense strategy.

We offer no-cost legal consultations to potential clients where we discuss your case and answer questions about the upcoming legal process. To learn more about our legal services and to speak to an experienced fraud attorney in Scottsdale, call our office at (602) 888-0369.

We serve individuals in Phoenix, Scottsdale, Mesa, Tempe, Goodyear, and Apache Junction, Arizona.

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