Warrantless Entries and Arrests covers all situations whereby police may enter a residence or other private premises without the use of an arrest warrant or search warrant.

This file contains two publications: Warrantless Entries and Arrests cover all situations whereby police may enter a residence or other private premises without the use of an arrest warrant or search warrant.
In particular, it covers: limitations upon warrantless arrests in the home, federal law versus California law regarding warrantless entries and arrests, “standing,” “knock and talk,” doorway arrests, asking suspect to step outside, use of subterfuge, re-entry to make an arrest after a drug buy, consent entry, hot pursuit entries, exigent circumstances entries including domestic violence situations, report of a crime in progress, observation of a crime in progress, report of a child in danger, report of a missing person, report of a person in distress, explosives/volatile liquids, entry to prevent destruction of evidence, drug labs, 911 calls, and DUI suspects at home; community caretaking and keep the peace entries, OK – you’re in, what can you do?, and protective sweep searches (both kinds) incident to an arrest within premises.

Probable Cause Arrest Warrants presents detailed instructions and forms whereby police officers may obtain a California Penal Code section 817 Probable Cause Arrest Warrant.

This publication also contains all relevant law regarding the service of an arrest warrant including: reasonable grounds to believe the suspect is at home, knock and notice, use of a ruse to gain entry, use of a search warrant to serve an arrest warrant, and protective sweep searches (both kinds) incident to an arrest within premises.

All points of law are supported by case citations to the United States Supreme Court, the United States Court of Appeals for the Ninth Circuit, the California Supreme Court and/or the California Courts of Appeal. Many points of law are supported by direct quotations from the relevant cases.

This publication is of greatest interest to California Peace Officers and attorneys, although it may be used effectively for instruction and reference in law schools and as part of a criminal justice or paralegal program. This file when printed is 98 pages. An ASCII file is also included.



Notice: eBook download size will be 424K