Is an arrest warrant sufficient to enter another person's home to arrest the subject of the warrant?

Is an arrest warrant sufficient to enter another person's home to arrest the subject of the warrant?

• A. Yes. You may enter on an arrest warrant alone.
• B. Only with consent.
• C. No. You need a SEARCH WARRANT and ARREST WARRANT. If no search warrant you need CONSENT or EXIGENT CIRCUMSTANCES to enter.
• D. Only with exigent circumstances.

Answer: (C)

Entering a home to arrest someone is governed by the Fourth Amendment’s privacy protections for the home. An arrest warrant by itself does not authorize police to enter a dwelling to arrest the person named in the warrant. To lawfully enter a residence, officers generally need a search warrant based on probable cause, or they must have the occupant’s consent, or there must be exigent circumstances that justify immediate entry (such as imminent danger, risk of escape, or destruction of evidence). Without one of these—no search warrant, no consent, and no exigent circumstances—entry would not be lawful.

Entering a home to arrest someone is governed by the Fourth Amendment’s privacy protections for the home. An arrest warrant by itself does not authorize police to enter a dwelling to arrest the person named in the warrant. To lawfully enter a residence, officers generally need a search warrant based on probable cause, or they must have the occupant’s consent, or there must be exigent circumstances that justify immediate entry (such as imminent danger, risk of escape, or destruction of evidence). Without one of these—no search warrant, no consent, and no exigent circumstances—entry would not be lawful.