Entry to home and handcuffed with no warrant
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Entry to home and handcuffed with no warrant
Can police force entry a home and arrest people without the warrant present?
Asked on May 23, 2009 under Criminal Law, Illinois
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
This depends on a number of the "details" of the situation. For reliable advice, you need to discuss all the unique facts of your case with a criminal lawyer. One place to find qualified attorneys is our website, http://attorneypages.com
If a warrant has been issued, the police don't always need to have a copy of it in hand to show you when they come in. And in some situations -- "hot pursuit," or if waiting for a warrant would probably let evidence or a suspect get away, they can break in without a warrant. But these are fairly limited cases, and they would have to justify their actions in court.
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