The arrest happened at 5 45 am in my house attacked by 20 hardly armed people. If they dont have the right to arrest me without showing me an order what statute or law is abused.
No, they do not have this right. They can only come into your house if you open the door and actually let them in. Otherwise cannot without a duly executed and valid warrant which they need to show you.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 23 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
They cannot come into your house without a warrant. If you invite them into your house things are different, and if they have probable cause they may arrest anyone who is in your house. If they entered your house without your permission and without a warrant you may be able to suppress any evidence that they obtained. Consult with an experienced immigration lawyer to evaluate your case.
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Can they enter your house without a warrant? No, but they can sometimes intimidate/trick you into inviting them in.
Yes, they can arrest you without a warrant if they have legal grounds for arrest.
PROFESSOR OF IMMIGRATION LAW for 10+ years -- All responses on this blog are offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
No, under the 4th amendment, state actors may not enter your home without a warrant unless an exception applies (i.e. consent or emergency circumstances). I would hire an attorney to review all of the facts.
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