In illinois, can police officers arrest you in your own house without a warrant for telephone harrassment?

Answer 1

All they need is the copy of the signed complaint as probable cause.

Answer 2

Cops in Illinois (like all law enforcement officers everywhere in America) are required to abide by the 4th Amendment to the U.S. Constitution [1], which, among other things, governs arrests [2].

The U.S. Supreme Court has ruled that the 4th Amendment prohibits police from entering a home to make an arrest [3], unless either the police are voluntarily admitted by the occupants, the police have an arrest warrant, or there is some emergency situation where the police wouldn't have time to get a warrant.

For instance, if the police were chasing you down the street, and you later fled into your home, the police could enter without a warrant to apprehend you [4] (even if the chase began with you standing in an open doorway, and then fleeing into the house [5]). If the police saw people physically fighting inside your house, the police could enter without a warrant to stop the fighting, and, once inside, make arrests [6].

Since the police do not need a warrant to make an arrest in a public place [7], the police could simply wait for you to leave your house. If one of your family members was arrested outside your house, and then went back inside (perhaps to retrieve shoes or a wallet), the police may follow him/her into the house [8], and arrest you once inside. If you're at a friend's house, the police need a search warrant to enter your friend's house, in addition to the arrest warrant [9] (but harboring a fugitive is a felony in Illinois [10]).

To obtain a warrant, the police must satisfy a judge that there is "probable cause" to believe that you committed a particular crime [11]. The police also need probable cause to make an arrest without a warrant [12], but a judge will make that determination AFTER the arrest [13] (absent some emergency, it must be within 48 hours of the arrest [14]).

In Illinois, it does not matter whether the offense for which you are being arrested is a felony or a misdemeanor, because both Illinois law [15] and the 4th Amendment [16] permit an officer to arrest for any offense, regardless of its classification (some jurisdictions forbid arrests for minor crimes unless the officer saw the crime happen). But to enter your house to make the arrest, they need a warrant, consent, or an emergency [17].

Sorry this was so long, but I hope it answers your question!

Answer 3

there are only certain times a police officer can make a warrentless arrest, and for the most part a misdemeanor offense that they did not on view would not even be an arrestable offense. although the offense did occur they would have to write a report and request a warrant to be issued. as far as the house, they could only go in there if they were invited in, or they had a warrant, or there were exigent circumstances, like blood on the ground. but there's probably some information you failed to inform us about as to why the police were there and what they saw.

Answer 4

Yes they can. Before the implementation of the Patriot Act, there had to be a warrant, with the implementation of the Act, they can go into your home without a warrant and arrest you. They can go into your home and remove items without leaving notice of their entry into your home. Bye bye civil liberties.

Answer 5

If the victim has a report made, and signs complaints, then all the Police have to do is find you.

Answer 6

Signed complaint is all that is needed. The Queen... you really need to READ the Patriot Act. If it really allowed all you think it does, there would be no more crime cause EVERYONE would be in jail. Just dont work the way you've been told.