Are the police allowed to enter my home after telling them that they are not allowed go in to arrest a suspect? 30 Answers as of June 28, 2013

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Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
If they have a warrant they can enter over your refusal. Also, if there are exigent circumstances, they can enter without a warrant, but the burden is high.
Answer Applies to: Kansas
Replied: 9/14/2012
Law Office of Mark Bruce
Law Office of Mark Bruce | Mark Corwin Bruce
If the police say it is an "exigent circumstance" (meaning, an emergency due to the nature of the crime alleged to have been committed), yes.
Answer Applies to: California
Replied: 9/14/2012
Law Office of Neal L. Weinstein
Law Office of Neal L. Weinstein | Neal L. Weinstein
If they have a warrant, yes. If probable cause, yes, but if they just knock and ask if so and so is home because they want to arrest her, generally no. The person arrested can make the challenge in court and needs to hire an attorney.
Answer Applies to: Maine
Replied: 9/14/2012
Law & Mediation Office of Jeffrey L. Pollock, Esq.
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
Not without a warrant unless they are in "hot pursuit."
Answer Applies to: Pennsylvania
Replied: 9/14/2012
Law Office of James A Schoenberger
Law Office of James A Schoenberger | James A Schoenberger
With a valid arrest warrant, law enforcement can enter a residence to make an arrest.
Answer Applies to: Washington
Replied: 9/14/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    If the police have an arrest warrant, and they know the person is present in the house, they may enter.
    Answer Applies to: Georgia
    Replied: 9/14/2012
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    If the police are in hot pursuit of a person or if they have a warrant for the arrest of a person and have good cause to think that person is in your home they do not need permission to enter and search for the person.
    Answer Applies to: California
    Replied: 9/14/2012
    James M. Osak, P.C.
    James M. Osak, P.C. | James M. Osak
    Was the door open? They need a warrant or your permission unless in "hot pursuit."
    Answer Applies to: Michigan
    Replied: 9/14/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    That depends on the circumstances such as: what is the person charged with? Did they see them go into the home?? Why do they think the person is there?
    Answer Applies to: Michigan
    Replied: 6/28/2013
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    There are rules and circumstances under which they can enter. The person they were after might be able to raise illegal search in his defense, depending upon the actual facts.
    Answer Applies to: California
    Replied: 9/14/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Depends upon the facts of the case.
    Answer Applies to: Washington
    Replied: 6/28/2013
    Steven Alpers | Steven Alpers
    If they have a warrant for arrest or if they have seen the person fleeing from a crime.
    Answer Applies to: California
    Replied: 9/14/2012
    MatthewR. Schutz, Esq | Matthew R. Schutz
    Assuming they have a warrant or probable cause, yes
    Answer Applies to: New Jersey
    Replied: 9/14/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    The police can enter your home if there is an emergency, if they have an arrest or search warrant, or if you give them consent to enter.
    Answer Applies to: New York
    Replied: 9/14/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    If they have probable cause that a crime has been committed, and the suspect is inside your home, then they don't need a warrant to go in.
    Answer Applies to: California
    Replied: 9/14/2012
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    No, the police do not have the right to enter your home without your permission and without a warrant. However, there is a question of what will happen to the police if the ignore you wishes. You may file a complaint with their superiors, but the officers in question probably won't suffer in the long term. Your friend might have a slightly better court case.
    Answer Applies to: Utah
    Replied: 9/14/2012
    Law Office of Jared C. Winter
    Law Office of Jared C. Winter | Jared C. Winter
    If they have a warrant.
    Answer Applies to: California
    Replied: 6/28/2013
    Law office of Robert D. Scott | Robert Scott
    It depends upon the circumstances.
    Answer Applies to: Maryland
    Replied: 6/28/2013
    Mace J. Yampolsky, LTD
    Mace J. Yampolsky, LTD | Mace Yampolsky
    Only with a warrant or in hot pursuit.
    Answer Applies to: Nevada
    Replied: 9/14/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    If police have an arrest warrant and have reason to believe the person they seek to arrest is in the premises, they can go in and search for that person.
    Answer Applies to: Alabama
    Replied: 9/14/2012
    Reza Athari & Associates, PLLC | Seth L. Reszko
    Based upon your facts, it is not clear how to answer this question. Keep in mind, while the police are generally required to obtain a search warrant before entering a home, the police can be allowed in the house if there was consent to enter by someone in the residence. If the consent was given by by coercion or misrepresentation then you have a good argument that the arrest and search was illegal.
    Answer Applies to: Nevada
    Replied: 9/14/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    If he or she is there, they can get him or her.
    Answer Applies to: Washington
    Replied: 6/28/2013
    Swann-Zwiebel Law Firm, LLC
    Swann-Zwiebel Law Firm, LLC | Elizabeth Swann
    Depends on the facts involving the incident. There are times when they may enter.
    Answer Applies to: Alabama
    Replied: 9/14/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    No, your home is a protected place unless they see the suspect enter.
    Answer Applies to: Nebraska
    Replied: 9/14/2012
    Attorney at Law | Ernest Krause
    The 4th Amendment proscribes unreasonable searches and seizures. The procedure is to get a search warrant. Get all the official information, including police report, to see how they justify entering your home. Do online research. If you want to pursue it complain to the right person in the police dept./DAs office.
    Answer Applies to: California
    Replied: 9/14/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    It depends on the specific circumstances, but a home is not a place police are allowed to enter freely ? there must be the right circumstances fo them to do so. Contact a lawyer about this.
    Answer Applies to: Colorado
    Replied: 9/14/2012
    Harrison & Harrison
    Harrison & Harrison | Samuel Harrison
    If they have a warrant, yes. If they don't, no. However, they can leave someone at the place to watch while other officers go to get a warrant. ?
    Answer Applies to: Georgia
    Replied: 9/14/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    Not unless they have a warrant.
    Answer Applies to: Michigan
    Replied: 9/14/2012
    William L. Welch, III Attorney | William L. Welch, III
    Yes, if they have probable cause.
    Answer Applies to: Maryland
    Replied: 9/14/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    The answer depends on the circumstances. They cannot enter without a warrant unless the situation falls under an exception to the warrant requirement. To evaluate the case, you must speak in person with an attorney.
    Answer Applies to: Minnesota
    Replied: 9/14/2012
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