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The police came into my home without consent or a warrant and arrested me. Is that legal?
This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.
Your Rights When Dealing with the Police
Search and Seizure Laws
Arrests: Your Rights and the Law
After You're Arrested: Booking, Bail, and O.R.
Suspect to Defendant: Facing Criminal Charges
Getting Legal Representation When Charged With a Crime
Expungement & Sealing Adult Criminal Records
Crimes: Laws & Penalties
Generally, police do not have the right to enter private property without consent or a search warrant and arrest individuals. However, there are some instances when this type of situation can be justified.
You are probably already aware that protection against unauthorized and unwarranted search and arrest are constitutional rights. This means that there must be exceptionally good reasons for those rights to be disregarded.
One good reason, according to the law in most jurisdictions, is when a crime or something that suggests a crime is left in plain view of law enforcers. For example, a police officer may be patrolling a neighborhood and he may see a man violently attacking another individual through an open front door. In this instance, the officer may enter without consent or a search warrant and he may make an arrest if he finds that a crime has been committed.
Another instance when a police officer can make an arrest is when there are exigent circumstances. These are basically instances where the need to violate a person’s rights are dire, such as when public safety is at risk if the action is not taken. Such a case may arise, for example, if a person is about to detonate a bomb but is detected. He then begins running and a police officer chases him. If he runs home and the officer knows that he is inside, considering that there is a threat that he may detonate the bomb in the neighborhood, the police officer may enter the house and arrest him. Situations when this rule applies are not common, but it is possible.
Several factors need to be considered by a legal professional before it can be determined if the actions that occurred in your case are lawful or not. You should contact a criminal defense attorney immediately.
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