Which condition allows entry into a third-party residence?

Which condition allows entry into a third-party residence?

• A. Consent alone
• B. Probable cause alone
• C. Valid Arrest Warrant AND search warrant or consent or Exigent circumstances
• D. A general warrant

Answer: (C)

Entry into a third-party residence to arrest someone is tightly controlled by the Fourth Amendment. An arrest warrant for the person by itself does not authorize entering someone else’s home. The Supreme Court has held that you cannot rely on an arrest warrant alone to enter a third-party dwelling; you need additional authority to enter the home. That additional authority can come from a separate dwelling-specific search warrant, or from the occupant’s valid consent to enter, or from exigent circumstances that make immediate entry necessary. So the permissible scenario is: you have a valid arrest warrant for the person, and you also have either a search warrant for the residence, or the occupant (or someone authorized to consent) consents to entry, or there are exigent circumstances justifying immediate entry. A general warrant isn’t allowed, and probabilistic or vague grounds alone don’t justify entry into a home.

Entry into a third-party residence to arrest someone is tightly controlled by the Fourth Amendment. An arrest warrant for the person by itself does not authorize entering someone else’s home. The Supreme Court has held that you cannot rely on an arrest warrant alone to enter a third-party dwelling; you need additional authority to enter the home. That additional authority can come from a separate dwelling-specific search warrant, or from the occupant’s valid consent to enter, or from exigent circumstances that make immediate entry necessary.

So the permissible scenario is: you have a valid arrest warrant for the person, and you also have either a search warrant for the residence, or the occupant (or someone authorized to consent) consents to entry, or there are exigent circumstances justifying immediate entry. A general warrant isn’t allowed, and probabilistic or vague grounds alone don’t justify entry into a home.