If police want to search your home, and you deny can they detain (or monitor) you while they go get a warrant?

Question

If the cops come to your door and want to search your house, and you say "Go get a warrant," can they watch you or keep you outside the house while they go get the warrant? I read this in a newspaper article. The reason was to keep the suspects from destroying evidence. Can they do that?

Answer 1

Yes, the cops can watch you, your house, or whatever; however, they may not do so on your private property. If they want to search your home they can watch the house until the warrant arrives. If they feel that you will destroy evidence, they can prevent you from returning to the area to be searched for a "reasonable length of time". Additionally, if the cops feel that the evidence will be destroyed before a warrant can arrive, they can enter the area without a warrant. This is known as "exigent circumstances".

Answer 2

Consent Searches If the police ask your permission to search your home, purse, briefcase or other property, and you freely consent, their warrantless search automatically becomes reasonable and therefore legal. Consequently, whatever an officer finds during a consent search can be used to convict the person.


Plain View Rule This is common sense: Always keep any private items that you don’t want others to see out of sight. Legally speaking, police do not need a search warrant in order to confiscate any illegal items that are in plain view.


Searches Made in Connection with a Legal Arrest Police do not need a warrant to make a search "incident to an arrest." After a legal arrest, police can legally protect themselves by searching the person and the immediate surroundings for weapons that might be used to harm the officer. Consequently, whatever an officer finds during such a search can be used to convict the person.


Exigent Circumstances A judge may uphold an officer’s warrantless search or seizure if "exigent circumstances" exist. Exigent circumstances were described by one court as "an emergency situation requiring swift action to prevent imminent danger to life or serious damage to property, or to forestall the imminent escape of a suspect or destruction of evidence."
WARNING: If you ever face a real-life police encounter where the officer is urging you to consent to a search, do not try to figure out whether or not the search is legally permissible. You must assume that the search is not legally permissible and that the search will only be legal if you consent. If an officer is in fact legally allowed to search you, you have nothing to lose by refusing to consent

Answer 3

I had a simular experience, they asked my permision to search my car. I told them that I thought that should be done under a judges supervision, that they would need a warrant? They then asked me if I did not have anything to hide, why would I want a warrant? I explained that years ago a friend of mine had problems with parts on his car not working properly after a police search. That I wanted it under a judges supervision so I would have proof of thier liability if they tore something up during the search. They threatened to keep me out there on the road all night long until the judge was awake the next morning to get the warrant. I asked them if I was under arrest, and they repeatedly ignored my question, (I would presume that I should have been legally able to drive off, but they had my keys, they snatched from the ignition.) Finally after hagling with them for several hours, they made me sign a consent for search form that stated that I had not been threatened in any way. They promised not to do anything brash like take out the door panels, dash etc. What they said they wanted to search was what they had already searched visually with thier flashlights peering into the car. It did not add up. They finally found one of my spent (empty) 30-06 brass rifle cartridges and claimed that it was drug paraphenalia. (crack pipe) I told them I did not think the jury was going to buy that, and they let me go. A lawyer I consulted afterwards explained to me that the laws of Georgia are written in such a broad way that the officers have total descretion on how to use them for enforcement purposes. Yes we are already living under a police state. and this was 10 years ago.

Answer 4

Get a No Cost Background Check Scan at https://bitly.im/aNDcR

Its a sensible way to start. The site allows you to do a no cost scan simply to find out if any sort of data is in existence. A smaller analysis is done without cost. To get a detailed report its a modest payment.

You may not realize how many good reasons there are to try and find out more about the people around you. After all, whether you're talking about new friends, employees, doctors, caretakers for elderly family members, or even significant others, you, as a citizen, have a right to know whether the people you surround yourself with are who they say they are. This goes double in any situation that involves your children, which not only includes teachers and babysitters, but also scout masters, little league coaches and others. Bottom line, if you want to find out more about someone, you should perform a background check.

Answer 5

Technically no warrant is necessary if a comfirmed seizable offence is committed. They can enter by force entry.

However, if it is a suspected seizable offence, then a written warrant is necessary or a person holding a rank which is equilavent to be a "walking warrant" is present.

As for keeping you outside .... they can't ...... unless they use the reason of "reasonable belief" which is questionable in court if nothing is found.

Answer 6

remember when our great fearless president Bill Clinton came on T,V, etc in the 90s asking people not to resist a new law he wanted to search the housing projects for guns and drugs as by the time the cops got a warrant they could dispose of the evidence? he was a lying sack of sh.. as cops who in hot pursuite can follow anyone any where in or out of their home or even the state,no one complained as they all said what do we care what they do to those sorry azz blacks, but, when the law was written it said any building or any where the gov, has a interest?? can you name any where the gov, has no interest????
many jurisdictions won't allow theirr offices to search without a warrant, but it is still legal under the law, the feds would not hesitate,

Answer 7

well , they need a reason to get a warrant, if u know theres somthing illegal in the house i wouldnt cooperate or tell them anything ... they will tell u all kinds of things like if u dont cooperate theyre going to destroy ur house.. they will tell u they are going to watch u while they get a warrant .... and they will harrass u for a long time trying to get u to give them permission to go in the house ... but in my experience its not that easy for them to get a warrant unless they already have some evidence on u ... the moral to the story is make them get a warrant ... and yes they will try to detain and question you .... whether or not they do get a warrant you just never know i guess it depends on the judge.

Answer 8

The turn signal change right into a pretextual supply up which has lengthy been upheld as legal in spite of if the cop has no purpose of implementing the easily violation. The canine can aspect out on an exceedingly small volume of drug residue. there's a danger that something out of your chum's homestead rubbed off onto something that made this is way into your automobile and that is what the canine got here across. If the canine exhibits, there's a extreme threat that there is drugs interior the automobile, giving them likely reason which permits them to hunt your automobile. basically be happy they did not discover something and get on such as your existence.

Answer 9

all they need is a police dog to search the common aresdie your car garage door all outside and yes they can do that if the dog hits you are screwed then they have proable caus to search your car house whatever

Answer 10

Actually, they are not supposed to stay on your doorstep or inside the home. They have to leave and it would be thrown out of court as an invasion of privacy, which the person's constitutional right to privacy. If the person is a suspect, they have to come with warrant in hand; however, if the police feel that there is a time constraint, but they must have 'reasonable suspicion' to take to court with them and they are supposed to advise you of your rights and inform you as to why they are there.