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 11 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.


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