Enid, OK asked in Criminal Law for Oklahoma

Q: Can police enter your house for a arrest warrant even if they don't know if you're there or not

A buddy has a arrest warrant out for him and just wondering if they could go into his house to arrest him even if he doesn't answer the door and they don't know if he is there. This has nothing to do with a search warrant and don't involve me. I just curious if police can kick your door in for a arrest warrant even if your not there and/or they don't know you if you are there. As in your not showing any signs you are home. Again this is for arrest warrant only not search warrant.

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2 Lawyer Answers
David A. Cincotta
David A. Cincotta PRO label
Answered
  • Criminal Law Lawyer
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: The answer may depend on a few facts. Generally speaking, law enforcement is permitted to enter the residence of the person subject to an arrest warrant if the officers have a reasonable belief that the person is located inside. So, they must not know for certain that he is in the residence. They can also obtain a search warrant to permit entry into other locations if the officers can establish probable cause the person subject to the arrest warrant is located there.

His best bet would be to hire a criminal defense lawyer in the area where his charges are filed (from where the arrest warrant was issued), so that arrangements can be made to secure bail upon his surrender and avoid any confrontation (including having his front door from getting kicked in) or additional charges.

Tracy Tiernan agrees with this answer

Tracy Tiernan
Tracy Tiernan
Answered
  • Criminal Law Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: You need to consult a seasoned criminal defense attorney for a more educated answer based on the specific circumstances involved in your case. However, as a general rule, if the police have a search warrant they will come to your house and knock and announce their presence. If they receive no response, acting upon the warrant, they may enter the premises and search for whatever or whomever is named in the warrant. They will generally leave a copy of the warrant in the home when they leave the premises. Again consult a criminal defense attorney for more educated answer based on the facts.

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