can the police enter a persons home without a warrent and arrest that person?

Question

my friend was arrested on sunday morning the police managed to unlock his front door without damaging it some how but they did not have a warrent to enter his house what legal action can my mate take

Answer 1

not enough details to provide a factual response. in some cases this can be done. i doubt that they would have been that blatant in violating the law knowing that they will lose in court.

Answer 2

A Probation Officer can come into the house anytime they want for what ever reason they want. Just remember they are Officers with badges. And as some of the others have said it is a part of the probation agreement. remember that probation is supposed to be considered jail time only not having to spend it in jail, thus giving the person on probation the chance to show the court that they have changed and and can in fact become a productive part of society. Any time the door is answered, that gives them the invitation to come in, weather they are invited in or not. Now they are in they will go through and search anything they want. When answering the door to uninvited quest the best method is to either not answer the door, or if you want to answer it, open the door step out an close the door behind you. Now you have eliminated the invitation all together, and you have also eliminated the chances of something being seen. This only works with police without warrents. There isn't much you can do about the probation officer, They have that right all day long. I don't know how old your son is, but you are lucky if only one of you were charged for the controlled substance. If he was a minor you could also be charged with another felony of child endangerment. Which holds a class A Felony charge. Along with the class C poss.

Answer 3

UK answer (Most of the answers here are only relevant in the USA)...

The police normally require a warrant to enter a private dwelling to arrest a person. However, there are certain exceptions. In summary...

- If the person has escaped lawful custody (i.e. he did a runner after getting nicked)

- If the officer BELIEVES the person (who he wants to arrest for an indictable offence) to be in the premise (i.e. he sees the curtains twich, recognises his shoes at the door etc.)

- If the officer feels that serious harm/death might be caused to any person if they don't enter

Then they CAN go in without a warrant (see s. 17 Police and Criminal Evidence Act).

There are MANY more powers of entry that do not require a warrant that could have given the officer a legitimate reason to be in the premise. He may then have spotted the wanted person whilst inside and can then lawfully arrest him, even if this wasn't the original purpose of his entry.

In summary - the officer is highly likely to have acted lawfully. He would not want to risk losing his well earned pension, just to see your friend locked up for the night for (no doubt) a petty offence that the officer probably couldn't care less about (sorry to be cynical!).

Answer 4

In the United States he has to have an arrest warrant and if the person steps out on the porch police can't enter the house. If the arrest is made in the house then anything visible can be used but a detailed search must have a second warrant. If they are in pursuit and the suspect flee into the house then no warrant is required.

Answer 5

Generally speaking a warrent must exist (a few exceptions)
1. In hot pursuit. This means if the police are chasing him or someone else and need to go through the house to get him/her then they don't need a warrent
2. Where there is a reasonable fear of immidiate death or bodily harm.
3. Consent - If the homeowner, or someone that resides their gives consent.

Other than these three options police may not enter your home without a warrent. You may file a complaint with the department against the officers or you may sue them in small claims court. In addition to this any evidence they obtained during this illigal entry will be considered inadmissible in court. Hope this helps.

An Ex Texas Police Officer

Answer 6

DEFINITIVE ANSWER
the police do not need a warrant to enter a house to arrest a person, only if they require specific evidence relating to the property itself.
See the police and criminal evidence act. (PACE)

There are several powers the police can use which are written into law.

Section 17 PACE
power to enter any premises to safe life and limb
to prevent commission of offences
If a person who is suspected of committing an arrestable offence, is believed to be withing a premises.

Section 18 PACE
where a person is arrested for an indictable offence, police can search the house for similar or like offences

Section 32 PACE
where a person is arrested outside of their premises, police can enter the premises to search

All of these powers of arrest allow a constable to force entry to each premises.

there are so many ways to get entry withouth causing damage to the door.

and if he was in there, he really has no form of reprisal, specially if there is no damage

Answer 7

I don't know what planet 'cops wife' is on, but she definately doesn't know the correct answer. NO, if I'm investigating a crime, suspicious person etc...and I have resonable belief that the subject is in the residence...I DO NOT need a warrant to enter the house (for that reason only). BIG HOWEVER here....most departments mandate that officer's secure the property and wait for a warrant to enter. Simply because there may be other material evidence that could potentially be thrown out if found inside the house. Not because they have to. Oh, and it usually takes all of 10 minutes to obtain a warrant to enter.

Answer 8

when the police wish to enter a person's home uninvited, they must obtain a warrant, supported by probable cause to believe that a search of the premises will turn up evidence of crime. In an emergency requiring immediate action, however, the police may enter without a warrant. Still, even an emergency does not justify entry in the absence of probable cause. In other words, the police need to have a good reason to invade the privacy of the home.

Answer 9

They were being very considerate then. If your mate was wanted, the Police can use whatever force they need to, to enter his property to look for him, and any damage caused will be down to your mate to pay. The Police don't need a warrant to enter a premises to look for someone they want to arrest. Your mate cannot take legal action against them.

Answer 10

In the UK, it would depend on why your mate was arrested - if there was a warrant out for his arrest, they can enter any premises at anytime, usually using the "magic door opener".

I'm not aware of any legislation that say's that the police cannot enter a premises in order to make an arrest of a wanted person.

Answer 11

Police can enter a premises without a warrant to arrest a person, providing the officer has the reasonable belief that the person being sought is there.