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Page 22 of 33 |
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Can the police come and get me in my house? |
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The police cannot come into your home, without your consent and without a warrant to arrest you unless there are "exigent" circumstances. There is no clear rule defining what an "exigent" circumstance is.
But, there are certain factors that judges will take into consideration in determining whether exigent circumstances exist. Some of those are:
(1) the gravity of the offense (murder vs. disorderly conduct),
(2) the existence of probable cause,
(3) the likelihood of an escape if the officer does not act quickly,
(4) whether the officer’s entrance was peaceable,
(5) consent to enter from an adult resident of the home, and
(6) whether they can credibly claim that they reasonably believed that someone inside was in danger.
(Updated December 5, 2007) |
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