Legal Question in Criminal Law in Tennessee

Can the police go back to a house the next and research it after the person is in jail.


Asked on 7/12/17, 11:44 am

1 Answer from Attorneys

You probably won't like the answer ...

... it depends.

Was there a search warrant issued, and executed, and then the police want to go back the next day and search some more using the same warrant? Not allowed.

Was a second search warrant issued? That is permitted.

Was the house search incident to an arrest (no search warrant needed), the defendant taken off to jail, and then a search warrant was obtained, and the police returned to search with a warrant in their hand? That is permitted.

So more facts are needed to make a legal conclusion.

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Answered on 7/13/17, 7:13 am


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