Can a police officer just walk into your house if he has a warrant for your arrest?

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Can a police officer just walk into your house if he has a warrant for your arrest?

My wife had a warrant for her arrest. She was in the bathroom; nobody else was there. When the officer showed up and asked my wife’s friend, who was outside, if my wife was there she was there, she said no so he started leave. However, my neighbor said she was there. So the police officer came back and walked around my house and just walked in. He ever knocked and just went into my living room and yelled out for her. She came out of the bathroom. Is that legal he never saw her before entering?

Asked on March 8, 2012 under Criminal Law, Michigan

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

An arrest warrant and a search warrant are two different things. With an arrest warrant, a police officer can arrest you anywhere, be it your home or the grocery store. With a search warrant, the officer has to first get permission from a judge or magistrate (or convince them of probable cause needed to perform a search) to sign off on a search warrant which gives them permission to enter and search your home or private dwelling. In this case, if your wife did indeed have a arrest warrant, then that officer will be justified in making the arrest inside your home.


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