Entering a house to arrest a person with a warrant when the person doesn’t live there.

Suspect has a felony warrant. I know who he is but ask for ID anyways. He enters his friends residence and never comes out. I have dispatch run him and he has the felony warrant. Can I enter the residence to arrest him without the homeowners permission?

Asked on May 20, 2009 under Criminal Law, Oregon

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In Oregon the courts have generally held that, if a police officer has a valid arrest warrant, then that officer lawfully may enter a private residence to make an arrest if the officer has probable cause to believe that the subject of the warrant is inside the residence.  In your case, since you saw him enter that would constitute probable cause which would allow entry to the residence to make the arrest.

It should be noted that the laws on search and seizure are constantly changing so speaking to a criminal attorney in your area would be advisable.


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