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
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
