Legal Question in Constitutional Law in West Virginia

Re: Constitutional Law

Yes. The Constitution doesn't require police to let someone go inside and destroy the evidence they are seeking. As long as the police are acting with reasonable speed in seeking the warrant, they can make the occupants wait.

The fact that this happened in a trailer park is not legally significant. The same rule applies to houses, businesses, etc.

Note that this does not automatically mean that the police can *detain* the occupant. In most instances he/she will be free to leave and go anywhere he/she wants -- except inside the home.

Re: Constitutional Law

I would need more specific information in order to answer your question. Under certain circumstances the police would be permitted to secure a residence and prohibit anyone including the owner or tenant from entering while waiting for a search warrant to be issued.