Legal Question in Criminal Law in New York

Arrest in one's home

Under what conditions can one be arrested without a warrant in one's home, without contact with the arresting deputy, without opening the door to the same for disorderly conduct? (A violation in NY).


Asked on 6/11/08, 5:06 pm

3 Answers from Attorneys

Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Arrest in one's home

They have no right to break into a home for an arrest unless they are in hot pursuit or there is a issue of Life or limb. Otherwise they need a warrant to go into a home uninvited. Of course if you open the door just a little it will be viewed and testified to as an invitation.

Good Luck

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Answered on 6/12/08, 2:03 am
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Arrest in one's home

They have no right to break into a home for an arrest unless they are in hot pursuit or there is a issue of Life or limb. Otherwise they need a warrant to go into a home uninvited. Of course if you open the door just a little it will be viewed and testified to as an invitation.

Good Luck

Read more
Answered on 6/12/08, 2:03 am
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Arrest in one's home

They have no right to break into a home for an arrest unless they are in hot pursuit or there is a issue of Life or limb. Otherwise they need a warrant to go into a home uninvited. Of course if you open the door just a little it will be viewed and testified to as an invitation.

Good Luck

Read more
Answered on 6/12/08, 2:03 am


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