Q: Can police search your home before you are presented with copy or proof search warrant, how long can they detain someone
They immediately put my son in cuffs and continued to search home, then after 3 hours took him to station where 2-3 hours later was finally charged
A:
The notice requirement for a law enforcement officer entering an occupied residence for the purpose of executing a search warrant may be dispensed with by a no-knock provision in the warrant or by the presence of exigent (emergency) circumstances. Police can execute the search warrant at the residence without announcing their presence, when there is a “no-knock” provision.
U.S.C.A. Const.Amend. 4; West's Ga.Code Ann. § 17-5-27.
Poole v. State, 266 Ga. App. 113, 596 S.E.2d 420 (2004)
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