QUESTION
Can a cop come to your house and arrest you for driving under suspended license and the car is shut off and you are inside your house?
Asked on Oct 28th, 2012 on Criminal Law - Oregon
More details to this question:
My son has a suspended license. When he came home in the morning at about 10 am he came inside and went to his room about 5 or 10 minutes later the cops came to my house and arrested him for driving at this time they looked inside of the car that was shut off and had to other people inside of it. There was an open container of alcohol and then they said that he was also getting arrested for having a open container of alcohol in the car. Is this legal?
15 ANSWERS
Leonard A. Kaanta
Yes.
Answered on May 21st, 2013 at 1:28 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Yes.
Answered on May 21st, 2013 at 1:26 AM
For the police to arrest a person they need probable cause to think a crime was committed and that the person arrested was involved with the violation. If the police officer has the necessary probable cause he can arrest a person even after the crime or violation is completed. In your son?s case it is possible that the police had the required probable cause for the arrest.
Answered on Nov 01st, 2012 at 1:19 AM
Michael J. Breczinski
They have to prove that he was behind the wheel. He should admit nothing to the police. They will need a witness saying that he was driving.
Answered on Nov 01st, 2012 at 1:07 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It certainly appears to raise legal questions and provide potential defenses. I would suggest your son engage an attorney immediately to defend him.
Answered on Nov 01st, 2012 at 12:58 AM
The police cannot enter a person's home without a warrant, consent, or a valid exception. The only valid exceptions are hot pursuit (pursuing a fleeing felon who runs into your house) and exigent circumstances (reasonable belief that evidence of a crime is in the house and will be destroyed before they can get a warrant). There are virtually no exceptions to the warrant requirement for arresting someone in his own home. Your son should consult an attorney immediately.
Answered on Nov 01st, 2012 at 12:54 AM
Thomas Edward Gates
Yes, he was the responsible party. He knew he had a suspended license, yet elected to drive any way.
Answered on Oct 31st, 2012 at 11:30 PM
Michael Paul Vollandt
If the cop did not see him drive he should of not cited your Son. At least that is what happens in California.
Answered on Oct 31st, 2012 at 11:21 PM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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The only way this could be legal is if the cops personally saw your son driving and had a legitimate basis to contact him. Your son should hire a criminal defense lawyer, or at least consult with one.
Answered on Oct 31st, 2012 at 5:41 AM
They can if they saw him driving and enter the house, and they know first hand that this person (your son) has a suspended license.
Answered on Oct 31st, 2012 at 5:22 AM
John D Duncan
It could be, if the police had knowledge of him driving, such as an observation of him driving and exiting the vehicle.
Answered on Oct 31st, 2012 at 5:19 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Yes the police can do this, but they must have a "wheel witness," someone who witnessed your son actually operating the vehicle. It is usually a cop, but can be someone else. Get aggressive criminal defense counsel in your area. The facts need to be looked into. It would be interesting to see whether there are grounds for a motion to suppress. How did they know his license was suspended?
Answered on Oct 31st, 2012 at 5:13 AM
Criminal Law Attorney serving Novi, MI
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Law Offices of Stephen A. Barker
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They must have probable cause to make the case stick. Either they saw him or someone else would have to have witnessed him driving. As you saw they can arrest him but without probable cause the case will be dismissed and you could sue for false arrest.
Answered on Oct 31st, 2012 at 5:07 AM
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The police need an arrest warrant to enter someone's house to arrest them, or they need your consent. If you had told them to leave, they could not have entered. Depending on what they told you, this may have been improper, but if you invited them in the house, it was legal.
Answered on Oct 31st, 2012 at 5:03 AM
Criminal Defense Attorney serving Portland, OR
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Jacob D. Braunstein, Attorney at Law
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The officer can arrest a person if he has probable cause to believe a crime was committed. In your son's case, the officer could arrest him if he had probable cause to believe your son was driving the vehicle with a suspended license. In most circumstances, the officer would either have had to see your son driving the vehicle or have another witness to the driving. So yes, if someone saw your son driving the vehicle, then the officer could establish probable cause for the arrest.
Answered on Oct 31st, 2012 at 4:59 AM