Legal Question in Criminal Law in Tennessee

search warrant/rights

is it legal to seize property on someones personal property without a search warrant and later arrest them without reading them thier rights?


Asked on 5/21/08, 2:10 pm

1 Answer from Attorneys

Jes Beard Jes Beard, Attorney at Law

Re: search warrant/rights

All depends on the situation. If an officer witnesses you murder another person while you are standing in your own front yard, on your private property, yes, of course he can arrest you without a warrant. And the arrest is legal even if he doesn't "read you your rights." (For more on the Miranda issue, check my website at jesbeard.com and specifically the link at http://jesbeard.com/34.htm

Now, if the officer arrests you for simple possession of marijuana, without a warrant and without personally SEEING you in possession, it makes no difference whether you are on private property or in a courtroom, the arrest is illegal.

But I would bet you are wanting specific information dealing with a specific case. If so, just contact me or any other attorney to discuss it. There is no charge for a phone call.

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Answered on 5/25/08, 11:47 am


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