Legal Question in Criminal Law in Nevada

Arrest and Detention

Is it legal to detain a person, and keep them out of their residence if the person is not under arrest, while the police department tries to obtain a warrant base on evidence obtained but an illegal search?


Asked on 10/30/04, 11:33 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Arrest and Detention

If the police have a legitimate search warrant for a home, they can keep the residents out while they conduct their search. The search warrant alone does not permit them to "detain" the occupants, as you put it, though if they already have enough evidence to show probable cause they can do so. Normally, the occupants would be free to leave during the search.

Your question says that the warrant was based on evidence obtained in an illegal search. If the illegal search was of some other premises belonging to the same suspect then the warrant was improper, and a motion to suppress the resulting evidence should succeed. On the other hand, if the illegal search was of person A's property and the police found evidence against person B, that evidence could be used to obtain a legitimate warrant to search B's home. The reason this is so is that the illegal search of A's property did not violate B's rights, so B cannot complain of the violation.

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Answered on 10/31/04, 4:58 pm


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