2007-11-19 08:53:16 · 10 answers · asked by theman 2 in Politics & Government ➔ Law & Ethics
Yes.
If they have probable cause to get the warrant, they can prevent you from destroying evidence until the warrant is signed.
You do not need to be under arrest, they can lawfully detain you for a reasonable period of time while they continue thier investigation.
Interfering with them will get you in handcuffs pretty quick. I suggest you cooperate and take the matter up with an attorney later.
The condition of this would be is that they have to actually be working on a warrant, not just using this as a tactic to get you to cooperate.
2007-11-19 08:56:45 · answer #1 · answered by trooper3316 7 · 1⤊ 1⤋
Technically they cannot prevent you from entering your house, they can only detain you which, in itself, if you know your rights, doesn't mean all that much. Technically speaking, "detaining" is stopping someone to talk to them or whatever, but as soon as you feel that you cannot end the encounter//meeting, the police are stepping past their "detaining" parameters.
On that note, legally you could be stopped for a traffic stop, tell the officer that you need to get moving and say you know that they either have to let you go or arrest you. Chances are, they will probably find a reason to arrest you though. haha.
**Do NOT speed off while the officer is standing by your window! They are trained to put their foot in a strategic place so that if you do, you will run over their foot which is considered battery of a law enforcement officer, a felony!
2007-11-19 17:05:39 · answer #2 · answered by Anonymous · 1⤊ 1⤋
No, they can't. Until an warrant is issued they have no say about what you do or don't do concerning your house as long as it isn't illegal. You can even remove items from the house if you so choose. Also, just because they have filed for a warrant doesn't mean they'll get it.
2007-11-19 16:57:55 · answer #3 · answered by Jacob A 5 · 1⤊ 1⤋
They can "do" whatever they want. (if it is legal or not is another matter)
It is my understanding (probably limited) that if they reason that evidence will be destroyed or tampered with they can block entry.
Although, on that line of reasoning, they could probably search without a warrant on probable cause.
2007-11-19 17:05:18 · answer #4 · answered by gray.skies 2 · 0⤊ 1⤋
I would not think so but hopefully you don't have anything to hide from them. I would just let them in.
2007-11-19 17:01:37 · answer #5 · answered by Ava 5 · 0⤊ 0⤋
Only if you fall for it and don't know your rights. Don't listen to them until they have a warrant.
2007-11-19 16:56:56 · answer #6 · answered by Workcompguru31 4 · 1⤊ 2⤋
Not unless you are under arrest.
2007-11-19 16:56:18 · answer #7 · answered by ryan c 5 · 1⤊ 1⤋
Yep!
2007-11-19 16:56:45 · answer #8 · answered by From Yours Trully 4 · 0⤊ 2⤋
They can legally "detain" you.
2007-11-19 16:57:24 · answer #9 · answered by sensible_man 7 · 0⤊ 0⤋
Sure they can.
2007-11-19 17:05:00 · answer #10 · answered by elliebear 7 · 0⤊ 0⤋