• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

arrest with no warrant

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

B

baileyhotel

Guest
In the State of California is it legal to enter a persons home and arrest them without a warrant present?
 


calatty

Senior Member
Yes, unless the police have the occupant's consent to enter or there are "exigent circumstances," such as a danger the suspect will excape, destroy evidence, etc.
 
W

watchereye

Guest
answer?

calatty's answer makes no sense that I can see unlees he meant "No.....", am I missing something?
 

racer72

Senior Member
Police may enter a home to make an arrest without a warrant if they feel the person being arrested could attempt escape or arm themselves and cause injury or death to a police officer. This method is also used if it could give the person a chance to destroy evidence that could be used against them. The police only need a warrant if they intend to search for evidence that that may be hidden or concealed.
 

calatty

Senior Member
Oops, I thought you said "illegal." No, it is not legal to enter without a warrant unless as specified. And no, it is not true that police only need a warrant if they want to search. They need a warrant to enter a home even if all they want to do is arrest.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top