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  1. #1
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    Default Can the Police Enter Premises to Make a Warrantless Arrest

    Hi,
    Are there any states in which it is lawful for the police to enter a dwelling without a search warrant in order to make an arrest if they have probable cause to believe the suspect is on the premises (assuming no exigent circumstances).
    James.

  2. #2
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    Default Re: Police Powers of Search and Entry

    Assuming that the suspect is not also on probation or parole, no exigency, and no consent, I am unaware of any state that will allow entry (beyond the threshold) solely as a result of probable cause.

    Perhaps you'd care to provide your state and the specific circumstances of the incident in question? It's difficult to advise on generic situations in an unknown state.
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  3. #3
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    Default Re: Police Powers of Search and Entry

    Quote Quoting jrh_james
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    assuming no exigent circumstances
    In whose opinion?

    Yours?

    Will the police tell a different story?

  4. #4
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    Default Re: Police Powers of Search and Entry

    Quote Quoting cdwjava
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    Assuming that the suspect is not also on probation or parole, no exigency, and no consent, I am unaware of any state that will allow entry (beyond the threshold) solely as a result of probable cause.

    Perhaps you'd care to provide your state and the specific circumstances of the incident in question? It's difficult to advise on generic situations in an unknown state.
    Just academic curiosity, not related to a specific incident.

    I was reading this thread which seemed to suggest that some states do allow it:

    http://www.expertlaw.com/forums/showthread.php?t=37731

  5. #5
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    Default Re: Police Powers of Search and Entry

    Quote Quoting jrh_james
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    Just academic curiosity, not related to a specific incident.

    I was reading this thread which seemed to suggest that some states do allow it:

    http://www.expertlaw.com/forums/showthread.php?t=37731
    Did you read this part:

    "they never showed me any warrant nor stated that they had one and wouldn't tell me what he was being arrested for"

    That they didn't show him the warrant doesn't mean they didn't have one.

    And they certainly had no obligation to tell him what his buddy was being arrested for.

  6. #6
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    Default Re: Can the Police Enter Premises to Make a Warrantless Arrest

    Quote Quoting jrh_james
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    Are there any states in which it is lawful for the police to enter a dwelling without a search warrant in order to make an arrest if they have probable cause to believe the suspect is on the premises (assuming no exigent circumstances).
    The police can post officers at the exits while they seek a warrant.

  7. #7
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    Default Re: Can the Police Enter Premises to Make a Warrantless Arrest

    Quote Quoting Mr. Knowitall
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    The police can post officers at the exits while they seek a warrant.
    yea,, they can also stand around for about an hour and detain you too,, a few years back when I moved from Baltimore, I was moving and I busted out an upstairs window of my house, the people next door called the police on me, when the first cop got there, she seen me outside, I told her I busted the window by mistake (I was drinking) anyway,, she called for backup, I don't know why, I was nice and all,, but the next thing I know about 10 cop cars rolled up, I had to tell my story again, the front door was wide open I was ordered to sit in the grass and one cop walked up to the door and I yelled at him to not enter my house.

    so, now here I am, with 10 to 15 police in my front yard, the front door wide open, the one cop told me that " I don't care if your growing pot and have 100 plants in the house I just want to look inside and make sure nobody is hurt"

    I said no, you cannot enter, you need to get a warrant, Im a lawyer! (im not a lawyer)


    he said "you should have went to a better law school I can enter"

    so now all the police are walking around my house looking at the busted window, they are questioning the people that live on both sides of me, an hour passes, im still on the grass telling them you not coming in my house without a warrant, and finally after an hour they just got in the cars and all left at the same time, now the reason why I refused to have them search my house was because my dog was inside and I knew they would probably shoot my dog, due to the amount of police that was there, and I also didn't want them going through my guns and things, and its my right not to have them search my house,,, but they really want inside my house and im sure they tried to get a search warrant but failed, because I was detained in my front yard for an hour.

    I moved the next day.

  8. #8
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    Default Re: Can the Police Enter Premises to Make a Warrantless Arrest

    Quote Quoting tonynewman
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    yea,, they can also stand around for about an hour and detain you too,, a few years back when I moved from Baltimore, I was moving and I busted out an upstairs window of my house, the people next door called the police on me, when the first cop got there, she seen me outside, I told her I busted the window by mistake (I was drinking) anyway,, she called for backup, I don't know why, I was nice and all,, but the next thing I know about 10 cop cars rolled up, I had to tell my story again, the front door was wide open I was ordered to sit in the grass and one cop walked up to the door and I yelled at him to not enter my house.

    so, now here I am, with 10 to 15 police in my front yard, the front door wide open, the one cop told me that " I don't care if your growing pot and have 100 plants in the house I just want to look inside and make sure nobody is hurt"

    I said no, you cannot enter, you need to get a warrant, Im a lawyer! (im not a lawyer)


    he said "you should have went to a better law school I can enter"

    so now all the police are walking around my house looking at the busted window, they are questioning the people that live on both sides of me, an hour passes, im still on the grass telling them you not coming in my house without a warrant, and finally after an hour they just got in the cars and all left at the same time, now the reason why I refused to have them search my house was because my dog was inside and I knew they would probably shoot my dog, due to the amount of police that was there, and I also didn't want them going through my guns and things, and its my right not to have them search my house,,, but they really want inside my house and im sure they tried to get a search warrant but failed, because I was detained in my front yard for an hour.

    I moved the next day.
    Sounds like exigent circumstances to me. They found a person who was under the influence of alcohol in response to a call of a window being broken out. I bet the neighbors either didn't know you and reported it as a burglary or didn't know you well and were concerned you were being robbed or were in a fight. If they believe a suspect or victim might be inside, the police will enter to verify.

  9. #9
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    Default Re: Can the Police Enter Premises to Make a Warrantless Arrest

    it was a second story window,, both people nextdoor knew me, it was in the suburbs and like I said they never gained entry,, the one cop even said they got a report of a woman screaming,, but I knew he was lying, he was continually trying to trick me into letting them inside, saying he is not going to leave, we are not going away,,the entire street was full of police cars, but I just kept saying get a warrant and stuck to my guns,, I would have sat in that grass overnight if I had too. they were not coming inside my house without a warrant

    what I also found strange, is that the police knew my first name, never asked me for ID, prior to this happening I think I was under some type of surveillance for a few months as well, I wont go into that here

  10. #10
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    Default Re: Can the Police Enter Premises to Make a Warrantless Arrest

    Quote Quoting tonynewman
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    I moved the next day.
    But did you stop being a drunk?

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