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If police doesn't have a search warrant for a felony arrest do I have to open my door?
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army judge
Super Moderator
I'm not sure what you're asking, OP.
But, an arrest warrant doesn't mean you have to allow the police to enter or search your home to look for the subject named in the warrant.
A search warrant requires you to permit the police entry to your home to search for the items named on the search warrant.
A search warrant is not an arrest warrant.
If the police believe a wanted felon is on your premises, (and are in hot pursuit) unless they observe him or her enter your home, you don't have to permit them entry to your home to look for the subject.
If you don't want to speak to the police, you don't have to answer your doorbell.
If, however, the police have a search warrant; they'll enter the way the Big Bad Wolf entered the little pig's home. They will batter or break your door down.
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fredrikklaw
Moderator
No warrant needed in this case!
You do not have to, but police will break down the door if they have to in order to make the arrest. The same principles apply if a private citizen was to make a citizen's arrest in such a scenario.
If the peace officer or the private individual knows that the person to be arrested has committed a felony, then the requirement for production of an arrest warrant is eliminated and they can use all the force necessary to effectuate the arrest, including the breaking of doors and windows of the structure in which the felon is holed up.
fredrikklaw
You do not have to, but police will break down the door if they have to in order to make the arrest. The same principles apply if a private citizen was to make a citizen's arrest in such a scenario.
If the peace officer or the private individual knows that the person to be arrested has committed a felony, then the requirement for production of an arrest warrant is eliminated and they can use all the force necessary to effectuate the arrest, including the breaking of doors and windows of the structure in which the felon is holed up.
fredrikklaw
May I ask what CALIFORNIA law school you are in? And also did you look up the stat's or case law for OP's state? Thanks, I look forward to your response.
mightymoose
Moderator
While entry MAY be made to serve an arrest warrant on the named person at the address listed on the warrant, it is rare that police WILL do so for safety concerns. It is more likely they will wait to catch their target coming or going from the residence.
There is NO circumstance in which you are required to open your door for anyone.
If police opt to force entry the legalities can be sorted out after the fact.
There is NO circumstance in which you are required to open your door for anyone.
If police opt to force entry the legalities can be sorted out after the fact.
fredrikklaw
Moderator
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=833-
Such and arrest can be achieved under the authority of California Penal Code Section 833 - 851.90 titled ARREST, BY WHOM AND HOW MADE; specifically Section 844 and 845 which state in their entirety that:
[I]844. To make an arrest, a private person, if the offense is a
felony, and in all cases a peace officer, may break open the door or
window of the house in which the person to be arrested is, or in
which they have reasonable grounds for believing the person to be,
after having demanded admittance and explained the purpose for which
admittance is desired.
[/I]
and,
845. Any person who has lawfully entered a house for the purpose of
making an arrest, may break open the door or window thereof if
detained therein, when necessary for the purpose of liberating
himself, and an officer may do the same, when necessary for the
purpose of liberating a person who, acting in his aid, lawfully
entered for the purpose of making an arrest, and is detained therein.
Here is the link for that section: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=833-851.90
Hope this helps you with your inquiry!
fredrikklaw
Such and arrest can be achieved under the authority of California Penal Code Section 833 - 851.90 titled ARREST, BY WHOM AND HOW MADE; specifically Section 844 and 845 which state in their entirety that:
[I]844. To make an arrest, a private person, if the offense is a
felony, and in all cases a peace officer, may break open the door or
window of the house in which the person to be arrested is, or in
which they have reasonable grounds for believing the person to be,
after having demanded admittance and explained the purpose for which
admittance is desired.
[/I]
and,
845. Any person who has lawfully entered a house for the purpose of
making an arrest, may break open the door or window thereof if
detained therein, when necessary for the purpose of liberating
himself, and an officer may do the same, when necessary for the
purpose of liberating a person who, acting in his aid, lawfully
entered for the purpose of making an arrest, and is detained therein.
Here is the link for that section: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=833-851.90
Hope this helps you with your inquiry!
fredrikklaw
army judge
Super Moderator
mightymoose
Moderator
The authority to enter a private residence based on an arrest warrant is established in federal law. Payton v NY is the one I recall, but there have been others over the years that fine tuned it.
Unless Alabama has a law prohibiting its law enforcement officers from using forced entry to serve a felony arrest warrant then it is lawful.
Unless Alabama has a law prohibiting its law enforcement officers from using forced entry to serve a felony arrest warrant then it is lawful.
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