Q: Can a guest at a dwelling that a search warrant is being served be arrested if they are searched and nothing was found ?
Drugs were found however on a table near guest. Wouldent that be evidence against the occupant of that dwelling?
A: If the police can, in writing, articulate reasons to support probable cause to arrest the guest, then it is a legal arrest, but of course the evidence may or may not be enough to convict. If they cannot articulate sufficient reasons, it's a false arrest, which should not only lead to the charge being dismissed, but a right to sue for false arrest. An attorney must review the police report to render an opinion as to whether sufficient reasons are articulated to establish probable cause.
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