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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
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How can a police officer detain a person in their own home

Customer Question

how long can a police officer detain a person in their own home for suspicion of distribution of illegal substances after that person has asked to speak with their attorney and given the attorneys name when the police let themselves into the apartment with permission from this person's roommate who was recently arrested for assault against this person
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

The police can stay in the home as long as it takes to process the search as per the search warrant. If the owner, or occupant, states they want an attorney it does not matter if there has not been an arrest.

The point of asking for an attorney is not to speak with or answer or participate in any type of questioning by the police without an attorney.

But it does not mean they need to stop the search and/or leave.

Expert:  Samuel II replied 1 year ago.

IF there was no warrant, but another resident allowed them in, they can stay. The person they are questioning has no legal obligation to answer anything. The right to have an attorney present only applies once there is an arrest. Not a detention.

Expert:  Samuel II replied 1 year ago.

But the person does not need to answer any questions - EVER - without an attorney present. It is not the responsibility of the police to contact the attorney.

Expert:  Samuel II replied 1 year ago.

Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.

Thank you