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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 35015
Experience:  16 yrs. of trial experience
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Can police legally come onto a property and drive around a

Customer Question

Can police legally come onto a property and drive around a fence because they had an anonymous report of gunshots? And then when they get to the back they see no guns but only a man and his girlfriend in a truck, they want to search the man denies consent, is it legal for that officer to have a fit and say fine I'm getting a dog and then detain the two to wait for a dog, after seeing no gun and no shell casings?
Submitted: 1 year ago.
Category: Legal
Expert:  P. Simmons replied 1 year ago.
Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to helpThe police can not "detain" without probable cause...that is, in order for the police to detain someone, they must have probable cause to believe that a crime was committed and the person detained is responsible for the crime. What you are describing? IF there was evidence of illegal discharge of a firearm, and the man is in the area where the discharge happened? THat would constitute probable cause and would allow the police to detain that man.Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.