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 and-faqs/research-by-subject/4th-amendment/searchingavehicle-carroll.pdf” target=”_blank” rel=”noopener”>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 televisionand 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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How Theft Charges Defense Can Help You in Apache Junction

At Shah Law Firm PLLC, we have an expert theft charges defense team with years of experience representing those facing these charges in Arizona. Our skilled criminal defense legal team understands theft laws in Arizona and the legal process, and work diligently to craft the best possible defense for our clients, protecting their rights every step of the way.

Understanding Theft

Theft means taking another person’s property without their permission. Theft describes crimes such as robbery, larceny, and burglary. Someone commits theft in Apache Junction when they steal another person’s belongings with the intent to resell them to make money. This can apply to non-tangible things such as social security or credit card numbers. Regardless of the situation, an action is theft if someone steals something that isn’t theirs. The severity of the theft charge varies based on the total value of the stolen item/s.

Penalties Associated with Theft

Theft of anything worth less than $1,000 is a misdemeanor, which can carry a jail sentence of six months. Anything from $1,000 to $2,000 is a Class 6 felony resulting in up to two years of prison. Anything over that amount could lead up to 12 ½ years in prison. Our theft charges defense team can investigate your case and determine if there are any factors that can lead to reduced or dismissed charges.

Schedule a Free Legal Consultation with Our Theft Charges Defense Team in Apache Junction, Arizona

At Shah Law Firm PLLC, we offer a no-cost legal consultation to potential clients facing theft charges in and around Apache Junction. During this conversation, we discuss the details of your case and offer you legal advice. To schedule this important consultation, call our Arizona law firm at (602) 888-0369 today.

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

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