Can a police officer break down my office door without a search warrrant?
Question Details:
There was a violation warrant issued from another state 24 hours before (which I did not know about) and when I was at work the next morning the police came to my door and broke it down and arrested me. Is it legal for them to break down the door without a search warrant?
A probation violation warrant is a peculiar animal and under some circumstances it could be done. One would have to examine the facts and the warrant.
Based upon the facts that you have provided, it sounds like the police DID have a warrant for your arrest, so the question as to whether an officer can break down your door without a warrant is not applicable in your situation. Having said that, the general rule is that the 4th amendment prevents officers from entering your home without a warrant; however, the warrant requirement is subject to exception, which is contingent upon the specific facts and circumstances of any particular case. In any event, if you currently have criminal charges pending, you should consult with a local attorney to discuss the validity of the arrest as well as any other potential defenses that may exist. Good luck.
