Can a search warrant be used to relocate a person who has been detained for more than 24 hours after refusing to consent to a search?
MultiRegion, United States of America
The following excerpt is from U.S. v. Prim, 698 F.2d 972 (9th Cir. 1983):
Even if the relocation were constitutional, continued detention after defendant's first refusal to consent to a search constituted a custodial interrogation without probable cause under the reasoning of Dunaway and Chamberlin. As such, ... the cocaine taken from defendant was thereby tainted by the illegal detention and should have been suppressed. Wong Sun v. United States, 371 U.S. 471, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963).
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