Q: Federal lawyer request
I was arrested pulling ina friends motel room in the parking lot where I observed officers inside the room I was swarmed and told I had a trafficking warrant they found no drugs on my person placed me under arrest for this "said warrant " and confiscated my phone i asked for my property to be released to my friend who wasn't arrested they agreed and released everything but a phone that was on my person but i don't own and a phone found in vehicle I asked if officers were intact inside room when I arrived it was confirmed so I asked if he had a warrant and was told no I said why were u in there then he said a wellnness check for myself when I infact wasn't the renter of the room I proceeded to ask for a warrant of arrest for the trafficking I was accused of it was a warrant for traffic viol. Unpaid fines I was charged w poss. of meth for a bag they allegedly found in room that I seen them in but they never seen me occupy case was dismissed now feds have confiscated phones is this legal?
A: The fact pattern above is a little hard to follow. They would need to show you a copy of the warrant. The hotel owner or the renter of the room would be able to give them permission to search the room. They would only be able to search or detain you if they have probable cause and/or a warrant.
Timothy Denison agrees with this answer
A: They can only detain you if they have a warrant for you or probable cause to arrest you.
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