Affidavit Of Ownership California: Fill & Download for Free

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PDF Editor FAQ

How can police get search warrants?

One of the investigating officers will compose an affidavit, detailing the probable cause to issue a search warrant for the particular location (the red brick, one-storey house located at 123 Your Street, Anytown VA), vehicle (the black 2004 Chevrolet Tahoe bearing Viginia license plates XYZ-1234 and vehicle identification number ****************111), or container (the brown Samsonite suitcase currently being held at the office of the Consolidated Narcotics Unit) in order to locate particular evidence of a particular crime. The affidavit must be sworn to in front of a judge with competent jurisdiction (some jurisdictions allow this to be done over the phone). In the Federal system, that’s a Federal magistrate or the judge of a state court of record. In Nevada, that’s a justice of the peace. YMMV. Federal district judges and Nevada state district judges can issue search warrants, but it’s not commonly done. (I only obtained one Federal warrant signed by a state judge in New Mexico one time, when we couldn’t find the magistrate.)The probable cause has to establish that a specific crime was probably committed and that evidence of that crime is probably located at the location to be searched. The warrant has to describe particular items of evidence, but those can be specific (a Smith and Wesson .38 Special revolver bearing serial number ABC1234) or more general (cocaine, cutting agents, scales, packaging materials, indicia of ownership or occupancy, etc.) If evidence of some other crime is discovered during the course of the search and the police haven’t exceeded the scope of the warrant (If you’re looking for a stolen car, you can’t search the kitchen cabinets.), that evidence falls under the plain view doctrine and can be seized.

What paperwork do you need to cross the Mexican border with a vehicle that has temporary plates?

It gets complicated, Mr. Santos has already covered the temporary plate aspect, I don’t have any experience with that rule but there are many other things to consider:The title (ownership) has to be in your name if you are the driver of the car or at least the owner has to be present. My brother had to “buy” his van from his wife who was still at home; by fax (shows how old this is). Affidavits and official translations into Spanish come to mind.RV owners often tow another vehicle or carry a motorcycle; I don’t know if it is still the case but the rule of one vehicle per owner was strictly applied. Your choice was to leave one of the vehicles in the USA or cross directly into Baja California, the rule of one vehicle per owner was not enforced there in the old days. BEST to CHECKAnything with an engine and a serial number will require proof of ownership, that includes trailered ultralight trikes that never even needed registration in the old days.Of course if you remove the engine on your third try all you have on the trailer is an awkward looking assembly of spars on three wheels, but that is hearsay, unfortunately I missed that trip.

I found someone's phone and tried to give it back in exchange for $50 for the time. They declined so I said fine and left. Can I get in legal trouble?

California Lost and Found Law says yes, you are in trouble.This is like saying, “Hey, I found your keys, but if you want them back, you will need to give me money.” This is called extortion. While the value of what you are extorting is probably not more than $1000, that is still a lot of money.California laws on lost and found say that if you find something that belongs to someone else, and you can make a reasonable effort to find that person, and you don’t, it is considered theft in most municipalities and certainly in the state. California states that if the value of the property is more than $100 you have an obligation to make a reasonable effort.Do the right thing and return the lost item. It is what you would want to do, if someone found something of yours.I am not an attorney. This is opinion being stated here.CA Codes (civ:2080-2080.10)CIVIL CODESECTION 2080-2080.102080. Any person who finds a thing lost is not bound to take chargeof it, unless the person is otherwise required to do so by contractor law, but when the person does take charge of it he or she isthenceforward a depositary for the owner, with the rights andobligations of a depositary for hire. Any person or any public orprivate entity that finds and takes possession of any money, goods,things in action, or other personal property, or saves any domesticanimal from harm, neglect, drowning, or starvation, shall, within areasonable time, inform the owner, if known, and make restitutionwithout compensation, except a reasonable charge for saving andtaking care of the property. Any person who takes possession of alive domestic animal shall provide for humane treatment of theanimal.2080.1. (a) If the owner is unknown or has not claimed theproperty, the person saving or finding the property shall, if theproperty is of the value of one hundred dollars ($100) or more,within a reasonable time turn the property over to the policedepartment of the city or city and county, if found therein, or tothe sheriff's department of the county if found outside of citylimits, and shall make an affidavit, stating when and where he or shefound or saved the property, particularly describing it. If theproperty was saved, the affidavit shall state:(1) From what and how it was saved.(2) Whether the owner of the property is known to the affiant.(3) That the affiant has not secreted, withheld, or disposed ofany part of the property.(b) The police department or the sheriff's department shall notifythe owner, if his or her identity is reasonably ascertainable, thatit possesses the property and where it may be claimed. The policedepartment or sheriff's department may require payment by the ownerof a reasonable charge to defray costs of storage and care of theproperty.2080.2. If the owner appears within 90 days, after receipt of theproperty by the police department or sheriff's department, proves hisownership of the property, and pays all reasonable charges, thepolice department or sheriff's department shall restore the propertyto him.2080.3. (a) If the reported value of the property is two hundredfifty dollars ($250) or more and no owner appears and proves his orher ownership of the property within 90 days, the police departmentor sheriff's department shall cause notice of the property to bepublished at least once in a newspaper of general circulation. If,after seven days following the first publication of the notice, noowner appears and proves his or her ownership of the property and theperson who found or saved the property pays the cost of thepublication, the title shall vest in the person who found or savedthe property unless the property was found in the course ofemployment by an employee of any public agency, in which case theproperty shall be sold at public auction. Title to the property shallnot vest in the person who found or saved the property or in thesuccessful bidder at the public auction unless the cost ofpublication is first paid to the city, county, or city and countywhose police or sheriff's department caused the notice to bepublished.(b) If the reported value of the property is less than two hundredfifty dollars ($250) and no owner appears and proves his or herownership of the property within 90 days, the title shall vest in theperson who found or saved the property, unless the property wasfound in the course of employment by an employee of any publicagency, in which case the property shall be sold at public auction.

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