Is it illegal for an officer kicked my door in without a warrant?
Asked on May 15th, 2017 on Criminal Law - Minnesota
More details to this question:
The officer pulled up to my house after being called about a disturbance outside. He told my fiancé to stop but my fiancé proceeded inside our house with me. The officer tried to force his way into our home without a warrant. He then arrested my fiancé for fleeing on foot and 4th degree DWI. Was the officer justified and is this considered fleeing from a peace officer?
Perhaps not. Typically an officer can't just barge his way into a private residence. But there are exceptions to that rule. Your fiance should get an experienced criminal defense lawyer retained to file a motion to dismiss.
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