New Orleans, LA asked in Criminal Law, Civil Rights, Federal Crimes and Municipal Law for Louisiana

Q: If task force was to obtain a warrant under suspicion & belief, an they go into your house and didn’t find anything

Can they arrest u under there suspicion, and believe beings that they still didn’t find nothing

1 Lawyer Answer
James L. Arrasmith
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Answered

A: If law enforcement obtains a warrant based on suspicion and belief and enters your home but does not find anything illegal, they typically cannot arrest you solely on that suspicion. Warrants allow them to search your property for evidence of a crime, but if no evidence is found, their authority to act is limited. Arrests usually require probable cause, which is more than just a hunch or suspicion; it's a reasonable belief that a person has committed a crime.

In your situation, if the search didn't turn up any evidence, they would need something more substantial to justify an arrest. Mere suspicion or belief without concrete evidence doesn't meet the legal standard for an arrest. Without finding anything illegal or having additional evidence, an arrest would likely be challenged as unlawful.

If you ever find yourself in such a situation, it's important to know your rights. You have the right to remain silent and to request an attorney. If you believe your rights were violated, consider speaking to a legal professional to understand your options.

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