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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23209
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Can police come to your house and arrest you and keep you if

Customer Question

Can police come to your house and arrest you and keep you if there are no charges just suspicion? How Long can they hold you legally without pressing charges even after the 5th amendment is invoked? and when after released no charges were filed is there a potential for a law suit against that precinct?
Submitted: 4 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 4 months ago.


I'm Zoey and I'll be assisting you. I'm reviewing your question now. Are you online at this time?

Customer: replied 4 months ago.


Expert:  Zoey_ JD replied 4 months ago.

Thank you. Please give me a few moments to type up a response.

Expert:  Zoey_ JD replied 4 months ago.

With probable cause and either a warrant or an exception to the warrant requirement, they can come to your house and arrest you. Probable cause is just a reasonable belief that you may have committed a crime.

Invoking the 5th Amendment does not protect you from an arrest. It only means that you have exercised your right against self-incrimination and refuse to be interrogated.

Typically, you would have to be charged within 48 hours or released.

If the officers were without probable cause for the arrest, then potentially you could sue the police for an unlawful arrest. The fact that the case never went forward does not mean that there was no probable cause, and it's the lack of probable cause hurdle that makes suits for false arrest difficult to win. By that I mean that most police only would come out and arrest you pursuant to some reasonable belief. This is something, however, you could explore with a local civil lawyer.

Customer: replied 4 months ago.

How can I get what they have? And What constitutes a reasonable belief?

Expert:  Zoey_ JD replied 4 months ago.

If you were charged with a crime, you would get what they had as part of the discovery process. If not, you can ask the police for a copy of the report that made them come to your house, but they do not have to give anything to you.

If the police won't give you anything voluntarily, you would have to subpoena the information, which means you'd have to file suit so that a judge could sign the order.

What constitutes a reasonable belief would be a question of fact that would come out in court during a hearing. There are no hard and fast rules. It all depends on the facts and circumstances that were presented to the officer when they made their determination to come get you.

Expert:  Zoey_ JD replied 4 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.