QUESTION
I was arrested in my home, the police jumped my gate came in with no permission and arrested me, is this a legal thing to do?
Asked on Jan 14th, 2013 on Criminal Law - Colorado
7 ANSWERS
The police need a warrant to arrest a person. However, there are exceptions. Capturing a fleeing suspect, or concerns over the suspect destroying evidence may justify a warrantless arrest.
Answered on Jan 15th, 2013 at 3:50 PM
Federal Criminal Law Attorney serving Fresno, CA
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Mark A. Broughton, PC
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That depends. If they are in "hot pursuit" of a felon they can enter without permission or a warrant. But you should have a criminal defense attorney review all the facts to see if you have any remedies.
Answered on Jan 15th, 2013 at 11:32 AM
3 Awards
Did they have a warrant? Were they in hot pursuit of you at the time? Or in hot pursuit of someone at the time?
Answered on Jan 14th, 2013 at 7:14 PM
Michael J. Breczinski
That depends on whether they had a warrant and what the circumstances were. I need more information.
Answered on Jan 14th, 2013 at 7:13 PM
Depends. If they had probable cause, then yes it is legal.
Answered on Jan 14th, 2013 at 7:13 PM
Criminal Law Defense Attorney serving St. George, UT
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Edward D. Flint Attorney at Law
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Warrantless arrests require substantial evidence of probable cause and exigent circumstances. You should have a lawyer look at your case.
Answered on Jan 14th, 2013 at 7:12 PM
3 Awards
Doubtful but the remedy is the question - basically what can we suppress? What evidence did they get from you during the arrest that they did not have already? What kind of case?
Answered on Jan 14th, 2013 at 7:12 PM