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

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. 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. 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.


  3. 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.


  4. 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 based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.

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