During a search warrant if you ask to call your lawyer can they deny you from calling and threaten to arrest you?
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During a search warrant if you ask to call your lawyer can they deny you from calling and threaten to arrest you?
Asked on December 2, 2011 under Criminal Law, Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Unless you are actually arrested, the police may *not* restrain you from calling anyone, including your attorney--or, for that matter, from simply leaving and going to your lawyer's office or anywhere else. (And if you are arrested, they must at the first reasonable opportunity in the process let you contact an attorney.) They could arrest you if they felt that had "probable cause"--but if they did not, you could potentially have a lawsuit against the police.
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