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Say cops come in my house looking for someone and they have a warrant for them and they find something illegal can they put the

Fergus Falls, MN |

whole house on lock til they get a search warrant even though thats not the reason for them to come in?

Attorney Answers 3

Posted

The short answer is yes. There is nothing inherently unlawful about holding the scene while they wait for a judge to issue a warrant.

The real question is whether there is some other illegality. Did the arrest warrant really give them reason to enter your house? Did they see the illegal item in plain sight? Or did they have to conduct further search for it? So there are a lot of nuances that may or may not be present.

You should politely tell police you will not consent to any searches. And then find a lawyer you can speak to privately about this.

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Posted

As the other counsel has stated, whether they can "freeze the scene" depends on how they came to know there was other illegal items in a home other than those specified by the warrant.

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Posted

Yes.

Whether they can use what they found depends in details the defense attorney will research.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

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