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arrest warrants

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aprilb

Junior Member
Why should an arrest within the home of a suspect, for whom probable cause to arrest exists, require the use of an arrest warrant? Should it make any difference if the arrest warrant was issued for the apprehension of a third party who happened to be present in the home of another person at the time of the arrest?
 


FlyingRon

Senior Member
Because of this "just a piece of paper" (as George Bush calls it) called the Constitution.

The courts recognize an exemption of the forth amendment for certain cases where the police either witness the crime being committed or have compelling evidence that the crime was committed and time spent getting an arrest warrant would potentially allow the criminal to escape or destroy evidence.

The exact rules for when police can arrest without warrant vary from state to state (and since you decided not to bother answering the mandatory question as to your state, we can't go further).

The answer to your last question, if I can understand what you are saying, is NO it doesn't matter if this is independent or coincidental with another arrest going on.
 

CdwJava

Senior Member
Why should an arrest within the home of a suspect, for whom probable cause to arrest exists, require the use of an arrest warrant?
It doesn't. If a peace officer is lawfully within the home and has probable cause to make an arrest of someone within that home, then he or she can make that arrest pursuant to the provisions of state law - or, via an issued arrest warrant.

- Carl
 

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