Lawful arrest?

Question

the police had probable cause to arrest my friend, without a warrent they went to his house and found his door open. they went in and found him. they then arrest him.

now was my friend's arrest lawful?

Answer 1

Yes, they had a valid reason to contact your friend, when they arrived they saw an open door and had a reason to assume something was awry at that location. How many times have police arrived at a location either to investigate a crime or look for someone and the door was open? They have a responsibility to make sure the occupants are alive and well. What were the circumstances of their probable cause? Violent felony? For all they knew he went and committed suicide after committing the crime, as horrible as that sounds it is still a reasonable conclusion therefore valid.

Answer 2

Charles answered this as perfect as the law can. Read his response. If your door is open police have the right to make sure that the safety of the home owner is ok. If they run into a person that is in the house the officer has to make positive contact with that person to determine if they live there. If they do a check on them and this warrant comes up than they can take them. Next time shut your door. lol

Answer 3

You answered your own question, probable cause.

Answer 4

Depends somewhat on the state, since some states laws are more restrictive than the federal courts' Constitutional interpretations. But don't imagine that the legality of his arrest has anything to do with his case, unless, of course, evidence was found during their entry. An unlawful arrest does not get you off the hook for the offense.

They may have been on very firm ground. If the law in that state instructs them to hunt him vigorously without a warrant, as may be the case in domestic violence, or if they were in "hot pursuit", of if there was reasonable fear he would flee before a warrant was signed, they were good to go, if it was a felony. And finding a door standing open, depending on the whole circumstances, can get you in on a welfare issue. It's reasonable to figure that if the door's open, he's home, and you won't know where he is when you come back with a warrant. So, the probable cause should be enough.