Legal Question in Criminal Law in New York
Can the police come into your house without a warrant in New York State? They entered my sisters home while she was sleeping, withour permission looking for her minor child who is accused of being in a fight. This can't be legal. I
2 Answers from Attorneys
Yes it can be legal. In many cases, what is called exigent circumstances, where the chance that the person being pursued is in a position to escape or is extremely dangerous, the police do have the right to enter to apprehend. Also, did your sister ask if they had an arrest warrant rather than just a warrant. ie a search warrant.
In any case, the attorney for your nephew can argue illegal arrest and your sister might have a case for illegal entry but it is successful in very few cases.
Usually not. Perhaps if the police were in hot pursuit of a suspect they could follow him into a residence without a warrant. Otherwise usually not.
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