Re: Unlawful Arrest Question



GeekBoy wrote:

Now lets say that the police does come to your house, ask you some
questions
on an alleged incident which you deny then proceed to arrest you anyway.
What are exactly these "exigent circumstances?"

None exist in the hypothetical you describe. But it's also not clear
exactly where you have the arrest occurring, or why, or whether the
police enter the house, or whether (or who) opens the door, etc.
Fourth Amendment analysis is highly fact-dependent. More details will
get you a better response.

The arrest would be occuring in the home after the police enter the home.
Lets say the wife answers the door to police because they live in an
aprtment building, with some other problem tenants and thus accustomed to
seeing the police.
Husband then comes to the door where police are waiting and tells the police
he is the apartment manager and asks what trouble is there how can he can
help them, due to numerous times they have come out to this place for drug
problem tenants.

Police ask to come inside to talk about problem. Husband says "sure come on
in, how can I help?"
Expecting to discuss a problem tenant the police start asking whereabouts
the prior day of a party the presious day at an aquantance.
Husband left early figuring something must have gone wrong there due to
their high consumtion of alcohol. Maybe a fight?

After a denial of doing anything wrong police arrest husband.

Why do they arrest him? Do they have an arrest warrant? If not, what
information do they have that he committed a crime? What crime?

.



Relevant Pages