Can my case be dismissed for unlawfull arrest?

I am living at New York City.
In September, My gf filed a complaint against me in Queens that i threaten to kill her. The detective in Queens called me five days later, i told him that i will surrender myself in a few days but can't surrender on that same day. A day after the phone call, the detectives went to my apartment building in Manhattan trying to go to my room on the 24th FL arresting me.The doorman tried to stop them when they were passing the front desk but failed. Then the detective went up to my FL and knocked my door, i opened the door,the detective went in and handcuffed me. I was released without bail by the arraignment judge. the charge is Menacing in the 2nd degree and violating order of protection, both are misdemeanor A.
The police didn't have any arrest warrant when they arrested me. what they have was just a week old misdemeanor complaint.

I need to go back to the court next week, can my lawyer file a motion to dismiss the charge because the police didn't have any arrest warrant and unlawfully arrested me in my private home?

NYC_BB1 said:

I need to go back to the court next week, can my lawyer file a motion to dismiss the charge because the police didn't have any arrest warrant and unlawfully arrested me in my private home?

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Come on now. Are you going to tell me you think the police are going to go up 24 floors and arrest you if they did not have a warrant? The donuts are on the ground floor (sorry carl, just kidding)


they do not have to carry the warrant with them and from my understanding, rarely do.

You will get a chance to question this when you appear in court and I will bet an arrest warrant will be available for you to see at that time.

Oh, and what's this about unlawful arrest in your private home? You don;t get a "home free" claim. You ansewred the door, they arrested you, that's it.

but the doorman tried to stop them coming up !

it's a private apartment building, the building is my home too. they don't have the doorman's permission to enter so it's unlawful.

NYC_BB1 said:

it's a private apartment building, the building is my home too. they don't have the doorman's permission to enter so it's unlawful.

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sorry, it is not your private building. Your private area begins at your threashold.


The owner of the building may try to press trespassing charges but that would not alter your arrest. You were not injured in their (not really) trespass so it does nothing for you.

The legality of the arrest will not affect the underlying charge. You might as well deal with it now or, they can "release" you and then immediately re-arrest you. Evidence gained in the first arrest if illegal (Which you have not provided enough facts to determine if it was or not.) can be supressed, but the charges are unaffected and they can prosecute.