Entering premises with an arrest warrant

Officers often ask me whether they can enter the home of the suspect if they have an arrest warrant.

The answer is -- yes -- but you must have probable cause to believe the suspect is there if you do not have consent to enter.

Normally, the fact that this is his residence is close to being enough -- but it really helps to see his car out in the driveway too.

Many suspects with arrest warrants have numerous residences -- where ever the suspect is staying for an extended time is his home for purposes of executing the warrant. Officers need a search warrant if they intend to enter a third party's home where the suspect is not residing in order to arrest the suspect.

Recently an officer asked about this problem -- the suspect was living in a condo owned by someone else. The suspect was doing chores to pay for his rent. The owner let the police in to make the arrest. The officer thought he might have violated the suspect's right to privacy by having the the owner let him in.

Normally, it would be unconstitutional to have the owner let an officer in to a suspect's rental unit --if the issue were consent -- but in this case it is the arrest warrant which permits the entry. Therefore no constitutional violation entering with the help of the owner.

Best -

DA