Entry to home and handcuffed with no warrant

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Entry to home and handcuffed with no warrant

Can police force entry a home and arrest people without the warrant present?

Asked on May 23, 2009 under Criminal Law, Illinois

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

This depends on a number of the "details" of the situation.  For reliable advice, you need to discuss all the unique facts of your case with a criminal lawyer.  One place to find qualified attorneys is our website, http://attorneypages.com

If a warrant has been issued, the police don't always need to have a copy of it in hand to show you when they come in.  And in some situations -- "hot pursuit," or if waiting for a warrant would probably let evidence or a suspect get away, they can break in without a warrant.  But these are fairly limited cases, and they would have to justify their actions in court.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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