Legal Question in Criminal Law in Colorado

arrest

I am sitting in the front of the police station deciding what to do, my husband and I had a huge fight, I wanted him to leave the house, but he wouldnt, meanwhile they ran the license plates on my car and sent 2 officers to my house without my knowing. They arrested my husband even tho I told them not to. I never entered the station, never signed a complaint. Is this legal, can they do that?


Asked on 5/25/08, 2:12 am

2 Answers from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: arrest

An arrest at home without a warrant is unconstitutional. The police cannot enter your home unless: (a) they have a warrant; (b) you open the door to let them in. If someone constented to the entry, it is legal. They [the police] can do that.

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Answered on 5/26/08, 12:57 pm
Philip Rosmarin Rosmarin Law Firm

Re: arrest

Police don't need a victim's permission to make an arrest. Whether the arrest was legal may have much to do with whether you allowed them into your house without a warrant.

Good luck.

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Answered on 5/25/08, 1:19 pm


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