what are your rights about re entering your home prior to a search warrant?

Question

what are your rights about re entering your home you just walked out of, the police are outside and you walk out and they are waiting for a search warrant but refuse to allow you to re enter your home?

Answer 1

To be fair to everyone else, I suggest that you include the same information that you have supplied to me in your email.
The whole scenario sounds wrong. If the Police were there looking for two girls who were being held against there will, they definitely shouldn't be standing outside waiting for a warrant. They already had probable cause for the search, plus you gave them permission to enter. To tell you that you could just leave, but could not re-enter is absolutely ludicrous. Another thing that doesn't make any sense is that you first state that you are alone, but then say that your daughter, and her friend were in the house. If this situation actually happened the way you stated, then it is nothing more than a family related domestic disturbance, and your daughter could be in trouble for calling in a false report. As far as Police procedure, totally incorrect. The welfare of the girls would have been a priority. Personally, I don't believe it happened.

Edit. Now knowing that the girls had left prior to the Police arriving, and you informed them as to that fact, then they were correct in telling you that you could not re-enter at that particular point. A search of the home should have been made immediately for the safety of the two girls.

Answer 2

We as officers can detain you for an investigation. If I think that there is dope in your house and if I let you back in your house, you are going to flush it then I will cuff you and make you wait outside. Until the warrant can get there. I don't have to let you back in for my safety and for the safety of my fellow officers. I don't know if you have any weapons in the house or if it could become a barricade situation or not, so to be on the safe side I just cuff you and don't let you back in your own house.