Can law enforcement officers arrest me without a warrant if I am at a friend’s house?

UPDATED: Jul 15, 2021

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UPDATED: Jul 15, 2021Fact Checked

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Jeffrey Johnson

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 15, 2021

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It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

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UPDATED: Jul 15, 2021

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jul 15, 2021Fact Checked

According to the laws governing warrant requirements, law enforcement officers can make an arrest without a warrant if you are at a friend’s house or in another person’s home under certain circumstances, if there is an exception to the warrant requirement. The exceptions to the warrant requirements vary by state.

Can law enforcement officers arrest me without a warrant if I am at a friend’s house?  

An arrest is considered a “seizure” of your person under the Fourth Amendment of the U.S. Constitution. In order for a judge to find your arrest to be illegal, the law enforcement officer’s actions must have been unreasonable.

If you are in another person’s house, the applicable exceptions to the warrant requirements are plain view or exigent circumstance. Exigent circumstances are also sometimes called emergency circumstances. If law enforcement officers are lawfully present in a house, they may seize contraband objects and persons holding contraband objects which are in plain view.

In an example scenario, a police officer comes to the door because of a noise complaint. He asks to come in, and your friend gives consent. If the officer sees you with a spoon of heroin, he has probable cause to arrest you without a warrant. You are holding an item that is illegal. There are valid grounds to charge you with the possession of an illegal drug and an item of drug paraphernalia.

Do exigent circumstances allow law enforcement offers to forego warrant requirements?  


Exigent circumstance covers situations in which law enforcement officers have reasonable cause to believe that there is an urgent need to protect the lives and property of individuals. Say you are committing an armed robbery. The police see you committing the act. You drive away from them, causing a dangerous high-speed chase. Then you enter your friend’s house. Law enforcement officers can lawfully come into the house and take you into custody. The situation is considered an emergency.

Warrant requirements allow law enforcement officers to legally enter a house and arrest a person if they obtain consent from a resident of the house, if the contraband is in plain view, or if there is an exigent circumstance. If the law enforcement officers did not have a lawful reason to enter your friend’s house, you can move to suppress any incriminating evidence that they recovered. 

 

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Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Insurance Lawyer

Mary Martin

Published Legal Expert

Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...

Published Legal Expert

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

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