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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 28356
Experience:  10+ years defending Misdemeanor and Felony cases.
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can nh police keep you off your property while waiting for

Customer Question

can nh police keep you off your property while waiting for a search warrant
Submitted: 5 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 5 years ago.

Hi and Welcome to Just Answer. I will be the expert that will be helping you today. I look forward to helping you solve your problem.

Yes, they can to prevent you from destorying the evidence which they are seeking. If you are in your home, they could not remove you but if they are in the process of obtaining and warrant and have reason to believe the evidence which they are seeking is inside, they could prevent your entry for a reasonable time.

Customer: replied 5 years ago.
What is a reasonable time we have been waiting for 3 hours we have a dog locked in the house and they will not allow us to take her out
Expert:  CrimDefense replied 5 years ago.
3 hours could be more then reason and there could be a possible defense to raise about the warrant and entry into the home. For the safety of the animal, the police should 1) enter with you if you allow them or 2) contact animal control.
Customer: replied 5 years ago.

They refuse to let us even open the door to remove her

Expert:  CrimDefense replied 5 years ago.
I understand your concern. There is a reason the police are at your home, so for their own protection, they do not know if they allow her out, if they will attack her. If you have nothing to hide and do not care if they enter and search your home, let them in. Then, they would not need a warrant. If you do not want them to enter and to go through the legal process and obtain a search warrant that lists specifically what they are looking for, you may have to wait until they obtain it. The decision is up to you.