Legal Question in Criminal Law in New York

Arrest warrants

With excuting an arrest warrant a law enforcement officer neeeds probable cause to believe you are in the home at the time. While testifying the officer answered I thought it was his vehicle in the driveway and I knew he did not have a drivers licence. Probable cause needs to be more than hunch -

We lost the case. Is this good for appeal?


Asked on 3/30/06, 3:58 pm

2 Answers from Attorneys

Valerie Masters Valerie Masters, P.A.

Re: Arrest warrants

I wouldnt think so.

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Answered on 3/31/06, 10:11 am
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Arrest warrants

Honestly, I dont see a question in what yo've posted - you make general statements which seem as if you know exactly the answer you want us to give you.

Generally, with an arrest warrant the officers are entitled to enter if they have cause, however the standard of 'probable cause'is a fairly high standard, which wouldnt necessarily apply to this instance. If the Police already have a search warrant they more than likely have met the burden of probably cause for the arrest, they can then enter anywhere the 'reasonably suspect' the Defenant to be. If the Defendat's car is parked outside of the home, this may suffice to give them reasonable suspicion to enter the home and seek the individuals arrest.

A good attorney, however, could argue several factors but would not necessarily, on the facts you've given, have a sure won case.

My firm regularly engages in criminal appeals and we'd be more than happy to discuss this matter furhter with you.

Carlos Gonzalez, Esq

7185419077

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Answered on 3/31/06, 12:23 pm


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