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Can police enter a home with an arrest warrant alone?

San Francisco, CA |

can police enter a home with an arrest warrant if all the doors and windows leading into the home are close and they have no visual of the person named in the arrest warrant? Or by that matter no visual of anyone in the home or any line of sight into the home at all?

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Attorney answers 3

Best Answer

Yes but to forcibly enter the residence the officers must have probable cause to believe that the person to be arrested is in the residence. If the person named in the arrest warrant is a guest at the residence, then they must obtain a search warrant to enter that residence. That is known as a Steagald warrant and they apply for the search warrant setting forth the probable cause to show the magistrate why they believe he is in that particular residence.

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If they have a valid warrant, they may enter your home without your permission after announcing their presence.


Mr York answered this question fully!