arrest without a warrant

[brap]

What is the name of your state? Virginia

A while back someone close to me violated probation. Police were sent my house where she was staying. They knocked on the door and asked for her. She came to the door, but stayed inside. They asked her to come outside because they just wanted to talk. She did so and they immediately put handcuffs on her and arrested her for probation violation. They never announced that they had a warrant for her arrest.

Now, I'm sure what they did was perfectly legal. However, I was told that if she had not come outside the police could not do anything without a warrant.

I want to find out if this is true or not for my own personal reference in the future.

Thanks!
R

 

[FlyingRon]

They don't need to announce that they have a warrant, the probably did have one. If they were coming to get her probation violation they did have a warrant. They were just trying to lure her out peacefully. If she had not come out, having a warrant and knowing she was inside they would have forced there way into get her.

 

[tranquility]

A person on probation makes the general rules different. Probationers have less rights than the rest of us by agreement. Each state/district have different limitations on the rights of those on probation and I'm not going to research these for you.

However, the police generally need either a warrant or probable cause and exigent circumstances to enter a house past the threshold to make an arrest. If a person voulntarily exposes themselves to the public by exiting the residence, the police only need probable cause to arrest. Some circuts hold that the mere opening of the door means the suspect has exposed himself to the public and is subject to arrest as he has given up his reasonable expectation of privacy. In those circuts, one should not only not talk to the police without a lawyer present--he should not even open the door to the police when they come knocking.

 

[xylene]

However, I was told that if she had not come outside the police could not do anything without a warrant.

Whoever told you this is an idiot.

This arrest was done like this for officer safety - no need to go in to the house where a weapon or another assailant(s) could be.

As a probationer the police and her PO in all likelihood already had extensive rights to enter and search her residence.

ALSO the police to not need a written warrant to effect an arrest or detention in many circumstances.

Lastly, as a probationer, the police and the PO have powers to detain. A person on probation is under the states thumb and is not afforded all the liberties of free citizens.