Can my girlfriend get arrested in our house without awarrent?

We went to a party and my girlfriend got her hair pulled by a man and she pushed him. Well after we left the party I guess the man reported a robbery and then told police my girlfriend punched him. The cops came to our house and asked to come inside and she said no and that she would be more comfortable talking to them if they stayed outside. Well after they questioned her about the night they told her to put some shoes on and that she was arrested. She didn’t argue it because she knew if she did then she would be in more trouble. But isnt that breaking her 4th amendment?

Asked on November 4, 2011 under Criminal Law, Iowa


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your girlfriend was in an altercation where law enforcement came to your home and questioned her outside of it, but she was within the home, and based upon what she said there was probable cause to believe that a crime was committed, the police did not need a warrant to arrest her because she was right there.

From what you have written, there was nothing indicating a 4th Amendment violation regarding your girlfriend's Consititutional Rights. I suggest she consult with a criminal defense attorney.

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