If a person is at a home where a search warrant for drugs is executed, the person does not live there and wasn't even inside when the police came, and after the person was searched it was determined they had nothing illegal, should the police have let the person leave? Is it legal for the police to hold the person for 6 hours in handcuffs, with no arrest or no evidence to arrest?
2006-08-14 11:35:49 · 3 answers · asked by megan g 1 in Politics & Government ➔ Law Enforcement & Police
Unforunately, yes for up to 48 hours before you have the right to file a writ of habeus corpus and see a judge.
2006-08-14 11:41:08 · answer #1 · answered by SST 6 · 0⤊ 0⤋
Actually yes they can hold you for 6 hours anytime they want, in most areas they have up to 72 hours to charge you and can hold you up to that time, I did not look your state up but it would be somewhere in that 48 to 72 hours.
Now if they have a search warrant for a house and you were not in that house, just walking up to that house from outside, they can not search you.
If you were in the house as a visitor but not a person who lived in the house or was not named on the warrant, normally they cant search you either
(unless they ask and you don't say no)
But yes, if you were in or around the house and they did a warrant, you would be held till they were done
2006-08-14 16:00:57 · answer #2 · answered by Anonymous · 0⤊ 0⤋
They can honestly hold you up to 24 hours under suspicion. They probably should have let you go, however, it leans towards the idea that they didn't find everything they were looking for and wanted to make a bigger bust. It happens all the time. It's wrong, sadistic, and a little unethical, but they do it anyway.
2006-08-14 11:42:36 · answer #3 · answered by Hollynfaith 6 · 0⤊ 0⤋