Can You Be Arrested in Home Without a Warrant

[NightEagle1981]

My question involves police conduct in the State of: VT

I heard that police can not enter your home without a warrant nor can a man be arrested in his home without a warrant. My wife filed charges against me and the police showed up at my home but I knew that I did not have to answer the door. They then decided to let themselves in my home (shared with wife) and pulled guns on my 22 month old and I while we laid in our bedroom. They then told me I was under arrest, placed in handcuffs and taken away. When I asked if they had a warrant they said no and I also said my wife told them they could come in. I'm wondering if that is proper or not.

[BOR]

You can be arrested in your home without a warrant if exigent or emergency circumstances permit a warrantless entry, or you permit entry and a warrantless arrest is permitted for that crime, in or outside the home.

Not having a warrant may or may not invalidate that arrest, and you would just be arrested later with a warrant probably, but it would give rise to a possible lawsuit for a violation of your 4th AM rights.

Not knowing the EXACT facts, it is unknown whether the arrest was proper.

[NightEagle1981]

Short version: Wife didn't come home all night. I was worried when she didn't come home next day for work, I went to see if she would show up at work if not I would have to file with police. I was worried sick. When wife showed up at work I tried to talk to her she didn't want to talk etc. I left her job and went home. My 22month old son and I were laying down, and I had sent a few emails to wife, she asked me to leave and make arrangements for son later. Decided to go lay down in our bedroom and heard banging on the door. I looked out the window and it was cops. I decided to stay in my room and call parents, dad told me don't open the door they were there to possibly arrest me. They said sit tight they were on the way (in case I was arrested they could stay with my son) Cops entered our room with guns pointed at my son and I. They told me to leave my son on the bed and come to them, I put my son in his play pen in our room and went to them. I told them "I hope you have a warrant" they asked who lives at the condo, I stated wife and I, they said "who do you think let us in?" They then told me I was under arrest. Then hauling me out in cuffs while my son screamed.

[Dogmatique]

Wait, which is it?

Your wife let them in, or they entered themselves?

[BOR]

I told them "I hope you have a warrant" they asked who lives at the condo, I stated wife and I, they said "who do you think let us in?"

Was she physically at the home and let them in or did she approve them in by phone, etc, and not being at the home, this is unclear to me.

[NightEagle1981]

Honestly I don't know. I have a habit of locking the door when I come home. Not sure if she gave the police a key or she was there or around to let them in. They never told me.

[Dogmatique]

...well, there you go then.

Your wife may well have let them in.

[NightEagle1981]

well even if she let them in. That still doesn't mean they can arrest me in my own home without a warrant.

[BOR]

well even if she let them in. That still doesn't mean they can arrest me in my own home without a warrant.

An arrest without a warrant is governed by VT Criminal Rule 3, too many exceptions to list, you can look it up yourself.

If it is a felony, no warrant is neccessary on the street. If it is a Misdemeanor, a warrant is needed except for what is listed.

Let's assume arguendo it was a felony, as to not quibble about a warrant requirement for arrest, whether in or out of a home.

Next, consent was given to enter, this effectively bypassed an Arrest warrant requirement to enter.

Now, if you and your wife were both asked and you said no where she said yes, that may be diiferent, but as I said before, it may or may not have invalidated the actual arrest?

[cdwjava]

well even if she let them in. That still doesn't mean they can arrest me in my own home without a warrant.

If they have probable cause to believe an offense was committed and that you committed the offense, and that the offense is one that does not require the officer to witness it (i.e. it is a felony or certain enumerated offenses such as DV), yes, they can arrest you based on that probable cause.