Anything wrong with what the detective did?

[wfil911]

What is the name of your state (only U.S. law)? UT

Short version:
Detective walked in the house without letting my wife read the warrant (which allowed him to take my phone). When I came out he handed me the warrant and demanded my phone, took my phone out of my hand, and told me I had to come with him. I told him I needed to go plug in my laptop first and he told me I wasn't allowed to do so and demanded I set it on the floor in the hallway and come with him immediately. The warrant was only for the phone, not for me, but I didn't have time to read that part of it yet. He made the other 4 detectives stay in the house with my wife even though no warrant permitted this. The warrant had no warrant # on it. When we got to the station, he told me I couldn't get out of the car and I needed to wait for him to get me. In the station, he searched me and patted me down for weapons, etc then locked me in the interrogation room. Later he told me I wasn't under arrest and wasn't yet being charged with anything, but indicated he would later arrest me and charge me at some point. When we came home, he walked in again univited to talk to the other detectives he made stay with my wife. He also told my wife and I we were being kicked out of the house (we were treatment providers for troubled teens) and that we HAD TO tell him where we are going to and where we are staying, etc.

Did he unlawfully detain me? Can I do anything about this?

How Long can they keep my phone for? They just wanted to retrieve the text messages off it. When can I get it back? I haven't been charged with anything yet.

Do I really have to tell him where I am moving to now that he got me fired and evicted? I mean, don't I have to be officially charged of a crime first?

He misled me and misrepresented things in lots of ways, and I can give more details if necessary, but he really made it seem like I was under arrest and didn't tell me until later that I wasn't being arrested or charged yet.What is the name of your state (only U.S. law)?

[racer72]

Simple answer, get an attorney. Your problems sound far beyond what can be handled by an online forum.

[xylene]

How Long can they keep my phone for? They just wanted to retrieve the text messages off it. When can I get it back? I haven't been charged with anything yet.

Depending on the fact you might NEVER get the phone back.

Consult a lawyer.

Do I really have to tell him where I am moving to now that he got me fired and evicted? I mean, don't I have to be officially charged of a crime first?

No, but the police are ALLOWED to lie. IE the officer did nothing wrong by suggesting you had to tell.

Get a lawyer.

[tranquility]

When the police serve a warrant, your only option is to get an attorney. You are well beyond self-help.

[CdwJava]

Originally Posted by wfil911

Detective walked in the house without letting my wife read the warrant (which allowed him to take my phone).

Unless UT has laws that are out of step with the rest of the country, he doesn't have to give her time to read it so that you can destroy evidence.

The warrant was only for the phone, not for me, but I didn't have time to read that part of it yet.

ONLY the phone? Nothing else listed at all?

In any event, the police may detain people at the scene of a search warrant for a reasonable period of time and using reasonable force.

The warrant had no warrant # on it.

I'll bet you that the official copy filed with the court does.

When we got to the station, he told me I couldn't get out of the car and I needed to wait for him to get me. In the station, he searched me and patted me down for weapons, etc then locked me in the interrogation room. Later he told me I wasn't under arrest and wasn't yet being charged with anything, but indicated he would later arrest me and charge me at some point.

For some legal intents and purposes you WERE arrested. Unless you volunteered to go with him, you were at least detained, but for purposes of Miranda you were arrested.

I'd be curious to here under what authority he transported you if it was against your will. I'm sure your attorney would like to hear this, too. Though it is possible that the phone granted them probable cause to make an arrest ... not knowing what the deal is, it is impossible for us to evaluate this, but your attorney can.

When we came home, he walked in again univited to talk to the other detectives he made stay with my wife. He also told my wife and I we were being kicked out of the house (we were treatment providers for troubled teens) and that we HAD TO tell him where we are going to and where we are staying, etc.

Obviously there is more to this ... they wouldn't just kick you out of the house without at least believing they had some lawful grounds to do so.

Sounds like you need to speak with an attorney ... I'd imagine criminal charges are coming. They don't do all of this just for grins and giggles, they probably intend to file for something.

[u]How Long can they keep my phone for? They just wanted to retrieve the text messages off it. When can I get it back? I haven't been charged with anything yet.

If it is evidence, they might be able to keep it until after any trial. If no charges are ever filed (say, a few months down the road), you might have to go to court to get an order to return it.

Do I really have to tell him where I am moving to now that he got me fired and evicted? I mean, don't I have to be officially charged of a crime first?

That's up to you. If you do not tell them where you will be, then they might just issue a warrant for your arrest next time instead of talking to you. Will you get in MORE trouble? Probably not ... but, I don't know if Utah has some odd "don't leave town" law in this regard.

Contact local counsel ASAP.

- Carl

[Blue Meanie]

[url]http://forum.freeadvice.com/juvenile-law-90/17yr-old-wanting-leave-home-runaway-447110.html#post2141532[/url]

So OP...Are you a seventeen year old girl...or a adult man?? Is it GA or UT?? Do the police want to see your texts because you are encouraging minor children to run away??

What gives??

[CdwJava]

Originally Posted by Blue Meanie

[url]http://forum.freeadvice.com/juvenile-law-90/17yr-old-wanting-leave-home-runaway-447110.html#post2141532[/url]

So OP...Are you a seventeen year old girl...or a adult man?? Is it GA or UT?? Do the police want to see your texts because you are encouraging minor children to run away??

What gives??

Oooh! Good find!

That DOES add a HUGE wrinkle to the situation, and implies that there is indeed a great deal more to the situation.

- Carl

[IsabellaSoriano]

dude...you are in SO much trouble.

[Antigone*of*Greece]

Dude...there is a nail going into this coffin...big time.