Recently the police came to our home and asked to search it. We did not give consent. They then told us we had to come out of the home until a search warrant could be obtained or we would be arrested for obstruction. We were stuck outside our home for 6 hours until a search warrant was obtained. Is this legal and what are my rights concerning this?
1 Answer from Attorneys
Unfortunately, if the police have reasonable suspicion that an illegal substance is in the home they can do this. They can't search without a warrant, your consent, or another exception to the warrant rule applies. SInce they are not allowed to search, the point of holding you is to prevent anyone from desroying evidence that they believe is inside the home. You need to speak to a criminal law attorney for more information