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

UPDATED: May 20, 2009

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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


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

Answered 13 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.

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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