Is an arrest warrant required to arrest someone in their own home?

Asked 12 months ago - Palm Springs, CA

A sheriff's deputy was dispatched to locate a vehicle a rental car that had been erroneously reported stolen(embezzled). The deputy arrived at my home, the rental car was parked in front, I was asleep in my bed. After coaxing me outside, while still on my front porch and on my (rented) property I was arrested for GTA taken into custody and jailed until posting bail. Because I was inside my home, asleep in fact, when the deputy arrived and no exigent circumstances existed, doesn't constitutional law require an arrest warrant. I later discovered while researching my case that a document titled "Declaration in Support of Arrest Warrant" was submitted by the prosecution on behalf of the deputy. The doc bears the deputies signature, is dated 3 months after the fact, and NO Judicial Signature.

Attorney answers (4)

  1. Greg Hagopian

    Pro

    Contributor Level 13

    11

    Lawyers agree

    Answered . No. The officer would have needed a search warrant to enter your home, but may arrest anyone in the street if they have probable cause to believe they have committed a felony. That's why he coaxed you outside.

  2. Stephen Troy Allen

    Pro

    Contributor Level 15

    9

    Lawyers agree

    Answered . I agree.. The Deputy would need a search warrant to enter the house. They will routinely knock on doors and try to get you to come outside. I think your legal research is good and you should take a copy of the declaration in support of arrest warrant and show it to an attorney. Good luck! I would not explain anymore circumstances about the rental car or facts of the alleged GTA here.

  3. Michael Kevin Cernyar

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . Outside the home, even on the porch, one does not need a search warrant. Since he didn't enter the home to arrest you it looks valid based upon these facts.

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice... more
  4. Joshua Sachs

    Contributor Level 19

    8

    Lawyers agree

    Answered . Remember that under most circumstances the remedy for an improper arrest is not dismissal or termination of the criminal charge. So even if the arrest were improper, and your description does not persuade me that it was, you would most probably still be facing the original charge.

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