Abogado Penalista

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Cases in Which the Police Require a Court Order

The police, in many countries, need a court order to carry out certain actions, such as the following:


Home Search

  • The police cannot enter a residence without the owner’s consent, unless they have a court order from a judge authorizing the search.

  • This is necessary to protect citizens’ privacy and prevent abuse.


Interception of Communications

  • To intercept or spy on communications (such as phone calls, emails, or text messages), a judicial order is required to justify the intervention, within the framework of investigations into serious crimes.


Preventive Detention

  • Although the police can arrest someone caught in flagrante delicto, for preventive detention (when the person has not been caught committing a crime), judicial authorization is needed, usually after a hearing or preliminary investigation.


Search of Objects or Vehicles

  • To search a vehicle or a property that is not a home, the police also need a court order, except in exceptional situations where urgency or the owner’s consent justifies it.


Access to Bank Accounts or Financial Information

  • In some cases, to obtain confidential information about bank accounts or transactions, the police must submit a judicial request and obtain an order from a judge.


Long-Term Surveillance or Monitoring

  • In cases where extended surveillance is planned, such as the use of hidden cameras or constant tracking, judicial authorization is required.


Arrest Warrant

  • When a person is wanted for a specific crime, the police need an arrest warrant issued by a judge to detain that person, unless they are caught in flagrante delicto.


📌 These procedures are established to balance the needs of investigation with the protection of citizens’ fundamental rights. In general, judicial intervention is required to ensure that police actions are legal and respect human rights.

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About Me

I have more than 13 years of experience in litigation related to smuggling, crimes against health, tax crimes, property crimes, carrying weapons, among others.

Sobre mí

Cuento con más de 13 años de experiencia en litigios relacionados con el contrabando, delitos contra la salud, delitos fiscales, patrimoniales, portación de armas, entre otros.

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