Asked in Criminal Law, Civil Rights and Constitutional Law for Arizona

Q: Can I be detained on property waiting hours for warrant. And when do I get property back after charges were dropped

There were 3 of us on my locked property who were detained for 4 hours waiting for a search warrant. We went to jail and released 5 days later with no explanation no court visits and no return of property. Can they use any evidence collected from that search to bring up charges later down the road

1 Lawyer Answer
Steven Scharboneau
Steven Scharboneau
  • Criminal Law Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: The answer is it depends. There is a lot more information I would need to know to accurately answer that question.

If you were placed under arrest and there was sufficient probable cause for the arrest, then police can hold you until they get a warrant for a search. If they did place you under arrest but were temporarily detaining you, they would have to have reasonable articulable suspicion for the temporary detention. The temporary detention can only be for as long as reasonably necessary to carry out the mission of the temporary stop. There is a lot more to an analysis like this one, but if the police did violate your rights, the remedy for the violation is suppression of the evidence collected so long as it is tied to the illegal search.

It sounds to me like there may be an issue with your case and you should reach out to a criminal defense attorney to discuss further. Most criminal defense attorneys (including myself) will talk to you about your case free of charge.

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