search warrant obtained two hours later?

[stan03]

What is the name of your state?Arkansas

Can the police make you leave and stay away from your residence while
a search is being made at the residence?

 

[CdwJava]

What is the name of your state?Arkansas

Can the police make you leave and stay away from your residence while
a search is being made at the residence?

Yes.

The police do not have to allow you to wander around the house with them as they search.

They can also secure it and keep you out while they go and obtain a search warrant.

- Carl

 

[smutlydog]

Yes.

The police do not have to allow you to wander around the house with them as they search.

They can also secure it and keep you out while they go and obtain a search warrant.

- Carl

You have to admit it was a little strange for them to ask him to leave.He could of came back with a weapon or possibly commited suicide somewhere else.I would of thought that they would of had a police officer wait outside with him while the home was searched.

 

[CdwJava]

You have to admit it was a little strange for them to ask him to leave.He could of came back with a weapon or possibly commited suicide somewhere else.I would of thought that they would of had a police officer wait outside with him while the home was searched.

Well, "leave" could have meant that they asked him to remain outside. Or, they might have had a search warrant but no cause to detain him if he wanted to go elsewhere.

- Carl

 

[stan03]

Arkansas
Don't I have the right to veiw search making sure it stays within the scope
of the warrant?
They actually told me they would have to follow me back to my bedroom
and get dressed, then I would have to go SOMEWHERE ELSE and they would
call me on my cell phone when search was completed.

 

[CdwJava]

Don't I have the right to veiw search making sure it stays within the scope of the warrant?

No, you don't. And they don't have to risk the possibility that you might attack them, distract them, or even destroy evidence in the process.

They actually told me they would have to follow me back to my bedroom and get dressed, then I would have to go SOMEWHERE ELSE and they would call me on my cell phone when search was completed.

This kind of thing is not uncommon. We don't necessarily tell them to go somewhere else, but, we limit the occupant's mobility. Typically the occupant(s) will be asked to remain in one specific room, or, to wait outside or elsewhere. If they are not detained, then they are free to go where they choose as long as it is out of the search area (i.e. off the property).

- Carl