When removing someone from their home, what constitutes a lawful arrest?

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When removing someone from their home, what constitutes a lawful arrest?

Police officers came to my house responding to a noise complaint. After taking a statement from my husband, the officer asked me if I had hit my husband while he was sleeping. I responded with no, that I shoved him to wake him up. The officer then asked me to step out of the house. I said no and asked why. He proceeded to reach into the house, grab me by my arm and attempt to remove me from my residence. I pulled my arm back but was then rushed in on by 2 officers and was arrested in my house. Was it legal for the officer to reach in and attempt to remove me even after I had asked why they wanted me to step out of my house?

Asked on July 20, 2014 under Criminal Law, Kansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Please seek legal counsel. There are a lot of "don'ts" here , so to speak.  The police generally need a warrant to arrest you inside your home so that is why they asked you to step outside.  His grabbling you to pull you there was obviously improper but I bet may be spun by the police as "resisting arrest." Please get legal help.  Good luck.


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