can police come into a house without knocking first?

Question

the police come to my home last night to arest my nephew that lives with me. for a minor assult.that we didnt know anything about.thay just come in opend my kitchen door then souted hello. didnt have any ider who it was at all. thanks ann

Answer 1

TV has provided a misconception in the UK that the Police need a warrant to enter or search your address.

This is true in certain circumstances. Where no power in law exists to enter a premises, for example to search the premises, a warrant can be issued by a Magistrate if certain criteria is met to justify the issue of the warrant and this is down to the magistrate.
However, if a power in law does exist, for example, to arrest someone for an arrestable offence, then the Police can enter the premises without a warrant. The power in law is given by the power of arrest. This is usually governed by section 17 of the Police and criminal evidence act 1984 but can apply in other circumstances governed by law.
So in short, yes the Police can enter your home without knocking and if the power in law exists, they can break the door down if necessary!

Answer 2

In Canada police can't enter and arrest you in your residence unless they are already in your house for a lawful purpose (investigating a 911 call or domestic dispute) or if they have an entry warrant, or in certain exigent circumstances/hot pursuit.
How long were they knocking? Did they just shout hello or actually step in? Technically speaking they did "enter" your residence by sticking their heads in to shout hello, but here in Canada your nephew could refuse to go with them unless they had an entry and arrest warrant. In this case though the police would stand guard around your house until another officer went to apply for an entry warrant and then they would come in.

Answer 3

If they had an arrest warrant and had reason to believe that the suspect was at the residence, then yes, they can enter without knocking. What you should also consider: what is your criminal record like? do you own any firearms? same questions for other family living with you...

Answer 4

Yes.

Per a recent Supreme Court decision, failure to knock and announce ("knock-notice") is not grounds to overturn a search or arrest made with a valid warrant. As long as the warrant is otherwise valid, failure to abide knock-notice does not matter.

That being said, most departments have policies that require knock-notice, and the officers who failed to do so might get reprimanded for breaking policy. But it's not illegal.

Of course, if they did not have a warrant, then absent some exception (hot pursuit, or exigent circumstances) the police have no authority to enter a private home to perform an arrest. An arrest in a private home requires a warrant, or consent to enter and probable cause for the arrest.

Answer 5

Ditto to frankturk50 and wozza59 - some people really don't have a clue about the law, so why do they insist on trying to answer the question?
If a policeman enters premises in order to arrest someone, he does not need a warrant - s17 Police and Criminal Evidence Act 1984.

Answer 6

My word there's a lot of people here who don't know the law.
The Police can enter private property in order to effect an arrest for assault it's as simple as that.
Ann, I'm sorry to say this but there is a spell checker here which would really help with your spelling.

Answer 7

Depends what country you’re in. In the UK they generally need a search warrant or an arrest warrant. However the general rule is to knock on the front door and wait for an answer, before giving a warning that there going to enter anyway.

Answer 8

You should have had your doors locked if you wanted the police to knock and show you the paperwork through the peephole. Since they were coming to arrest someone inside the home, they had all their ducks in a row to make legal entry into the home.
I would worry less about the police and more about your nephew.

Answer 9

If this is in UK yes they can enter under the police and criminal evidence act warrants went out years ago except for very few things such as drugs searchs.
Why do you keep asking the same question?

Answer 10

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