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-   -   Can you be arrested in your own home? (http://www.cougarguard.com/forum/showthread.php?t=8580)

JohnnyLingo 05-24-2007 11:22 PM
Can you be arrested in your own home?
 
My wife is under the impression that the police cannot arrest you if you're in your own home.

That doesn't make a lot of sense to me because you could murder 10 people and then sit inside watching cable for the rest of your life. Someone could bring you groceries. And it's not like the cops are going to sit outside waiting for you.

Anyone know for sure?

creekster 05-24-2007 11:23 PM
Short naswer is yes you can be arressted in your own home. Longer answer involves under what circumstances they can enter to arrest you.

Cali Coug 05-24-2007 11:26 PM
Quote:
Originally Posted by JohnnyLingo (Post 84527)
My wife is under the impression that the police cannot arrest you if you're in your own home.

That doesn't make a lot of sense to me because you could murder 10 people and then sit inside watching cable for the rest of your life. Someone could bring you groceries. And it's not like the cops are going to sit outside waiting for you.

Anyone know for sure?
The answer is that you can never possibly be arrested in your own home. Warrants only apply to other people's homes. Which is why I suggest you rob a bank and spend it all on ebay from your home.

creekster 05-24-2007 11:40 PM
Quote:
Originally Posted by Cali Coug (Post 84529)
The answer is that you can never possibly be arrested in your own home. Warrants only apply to other people's homes. Which is why I suggest you rob a bank and spend it all on ebay from your home.
Actually, suggest to your wife she do this if she really thinks she's correct.

JohnnyLingo 05-24-2007 11:42 PM
Quote:
Originally Posted by creekster (Post 84532)
Actually, suggest to your wife she do this if she really thinks she's correct.
Yeah, I enjoy being married to someone who is not in prison.

Thanks for answering, though. How much of the long answer can you give?

hyrum 05-24-2007 11:54 PM
Quote:
Originally Posted by JohnnyLingo (Post 84527)
My wife is under the impression that the police cannot arrest you if you're in your own home.

That doesn't make a lot of sense to me because you could murder 10 people and then sit inside watching cable for the rest of your life. Someone could bring you groceries. And it's not like the cops are going to sit outside waiting for you.

Anyone know for sure?
Ask David Koresh.

creekster 05-25-2007 12:17 AM
Quote:
Originally Posted by JohnnyLingo (Post 84534)
Yeah, I enjoy being married to someone who is not in prison.

Thanks for answering, though. How much of the long answer can you give?
If they are hot on your trail, they can follow you right in and arrest you (exigent circucmstances). If they know where you are and you (or someone else resident there) gives consent to their entry, they can enter and arrest you immeditately. If they don't get consent, and there aren't exigent circumstances, they will probabyl need to wait for an arrest/search warrant to enter. But if you let them in, you can't dance around and tease them becasue they can't arrest you.

Cali Coug 05-25-2007 04:43 AM
Quote:
Originally Posted by creekster (Post 84550)
If they are hot on your trail, they can follow you right in and arrest you (exigent circucmstances). If they know where you are and you (or someone else resident there) gives consent to their entry, they can enter and arrest you immeditately. If they don't get consent, and there aren't exigent circumstances, they will probabyl need to wait for an arrest/search warrant to enter. But if you let them in, you can't dance around and tease them becasue they can't arrest you.
But you have a legal right to shoot them for breaking into your house, right?

;)

Detroitdad 05-26-2007 02:53 AM
Quote:
Originally Posted by creekster (Post 84550)
If they are hot on your trail, they can follow you right in and arrest you (exigent circucmstances). If they know where you are and you (or someone else resident there) gives consent to their entry, they can enter and arrest you immeditately. If they don't get consent, and there aren't exigent circumstances, they will probabyl need to wait for an arrest/search warrant to enter. But if you let them in, you can't dance around and tease them becasue they can't arrest you.
I just had reinforced in my bar study that they don't have to be in hot pursuit of you to enter into your home, observe illegal activity and arrest you. They just have to be in hot pursuit of somebody. My bar prep professor had a client that chose to bundle up all his drugs for sale when a fleeing felon ran through his house and the cops ran right behind the felon, saw the clinet's drugs and stopped and made the arrest. Karma is a bitch.

creekster 05-26-2007 03:10 AM
Quote:
Originally Posted by Detroitdad (Post 84790)
I just had reinforced in my bar study that they don't have to be in hot pursuit of you to enter into your home, observe illegal activity and arrest you. They just have to be in hot pursuit of somebody. My bar prep professor had a client that chose to bundle up all his for sale when a fleeing felon ran through his house and the cops ran right behind the felon, saw the clinet's and stopped and made the arrest. Karma is a bitch.

True. Now you are getting into the very long answer. Exigent circumstances mean a lot of things.


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