QUESTION
Can the police arrest the person in the house if they find contraband but do not have arrest warrant to enter the premises?
Asked on Sep 01st, 2012 on Criminal Law - Florida
16 ANSWERS
Michael J. Breczinski
How did they get in the house and what are the circumstances.? It is the details that will make a difference.
Answered on Jun 28th, 2013 at 12:23 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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It depends on the circumstances of why they were there.
Answered on Sep 12th, 2012 at 4:23 PM
Theodore W. Robinson
Hello, Yes, the police will often arrest for such a circumstance. The real question is whether a Court will uphold such an illegal arrest. In order for the police to enter your home, they must have a Warrant or be following you into the house in hot pursuit of you. They also may not inspect or search within your home without having a search warrant. The exception is if they see something in open and notorious view while they are in the house legally for other reasons, such as executing a Warrant for a violation of Probation or something of that nature. Of course, many times, police simply search anyway and tell the Judge that the items they found were out in the open and they saw them as they entered after being invited inside by you or someone else. It is then up to a Judge to see through their ruse, but that often doesn't happen because Judges will often go along with the arrest because of the nature of what was discovered during the illegal arrest. That is when it takes a very skilled attorney to present your case effectively to the Judge during a suppression hearing and if that is not granted, then to the jury during a trial. If that has happened to you, hire a seasoned, experienced attorney to represent you right away. Good luck.
Answered on Sep 12th, 2012 at 12:34 PM
Gary Moore
They can. A judge will have to decide if the search was lawful.
Answered on Sep 12th, 2012 at 12:02 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Can they? Yes. You fight it through motions to suppress, challenging the entry and search. When questioned, arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or statement be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
Answered on Sep 06th, 2012 at 6:50 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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The question doesn't provide enough information. You should speak to a lawyer directly so that a conversation back and forth between the lawyer and the arrested person can converse.
Answered on Sep 06th, 2012 at 6:49 PM
Criminal Defense Attorney serving Mandeville, LA
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Ross Scaccia, Attorney at Law
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Yes, if they have good cause to enter the house, like pursuing a person that they witnessed committing a crime and the person fled and they pursued him. Other wise the police cannot enter a person's houselwithout a warrant
Answered on Sep 06th, 2012 at 5:14 PM
Challenge the arrest based on that fact (no search warrant to enter). Unless someone let them into the house or the door was opened.
Answered on Sep 06th, 2012 at 5:13 PM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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If someone let the police into the house - yes.
Answered on Sep 06th, 2012 at 4:20 PM
Dennis P. Mikko
If the officers believe they have probable cause to believe a crime was committed and the person committed the crime, they would be able to arrest.
Answered on Sep 06th, 2012 at 4:19 PM
Yes, but if they did not have a search warrant, entry may have been illegal (there are exceptions).
Answered on Sep 06th, 2012 at 4:18 PM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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They could do so if the evidence was in plain sight or if there was "hot pursuit."
Answered on Sep 06th, 2012 at 4:18 PM
Generally, the police cannot enter your home to make a warrantless arrest, unless there are exigent circumstances involved. And even then the police would have to establish that they had probable cause to be at your location and the exigent circumstances manifested while they were at a place where they had a right to be (i.e., probable cause). If they entered your home to make an arrest and they didn't have a warrant, then anything that they find as a result of the illegal search should be considered as fruits of the poisonous tree and should be inadmissible in court.
Answered on Sep 06th, 2012 at 12:41 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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It is possible in certain situations. If they are invited into the home. The invite could be by anyone who has a right to the home. It does not have to be specific to the person who owns the contraband. If they are responding to a call at the home for another issue and during that response, they see the contraband in plain view, an arrest can be made.
Answered on Sep 06th, 2012 at 12:39 PM
Yes, because now there's probable cause.
Answered on Sep 06th, 2012 at 12:38 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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The police can do all sorts of things and their actions may ultimately be determined unlawful. You have not given enough facts in order to get a valid answer. Criminal defense attorneys are the guardians of freedom. We work had for those charged with crime and each one must have a doctorate degree in order to just become an attorney. There are many questions that need to be answered in order to answer this question. It is not a good idea to post the facts on an internet forum. At the very least you should consult with a criminal defense attorney in your area.
Answered on Sep 06th, 2012 at 12:38 PM