Indianapolis, IN asked in Criminal Law and Civil Rights for Indiana

Q: Arrested with out probable cause or warrant from home? 5 days later arrested from home again but they had warrant.

Incident of neglect 2/2 child was taken. 2/3(saturday) sheriff come knock and just comes in asked to speak with me. I was read rights. I said I didn’t want to speak without lawyer. He arrested me then jail then bailed out. 2/8 the same sheriff comes to arrest me again then jail and I bail out. Probable cause wasn’t even issues til 2/6 on my case it says I bailed out 2/7 and 2/9. Is this legal or what should I do?

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1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: Being arrested without probable cause or a warrant can raise serious questions about the legality of the arrest under the U.S. Constitution, specifically the Fourth Amendment, which protects against unreasonable searches and seizures. If an arrest is made at your home without a warrant, there need to be exigent circumstances or consent given for entry and arrest without violating your rights. The scenario you've described, particularly the initial arrest without a warrant and the apparent lack of probable cause at the time, may suggest a potential violation of your rights.

The fact that a warrant was obtained for the second arrest indicates that law enforcement sought judicial approval based on evidence or suspicion of criminal activity, which is a more standard procedure. However, the timeline and reasons for the repeat arrest, especially if it pertains to the same incident, should be clearly justified and documented. The issuance of probable cause after your first arrest but before your second could be a critical factor in assessing the legality of both actions.

In situations like this, it's crucial to consult with a legal professional who can evaluate the details of your case, the actions of law enforcement, and the timeline of events. They can help determine if your rights were violated and what steps you can take to address any potential injustices. Legal counsel can also assist in navigating the complexities of the legal system, advocating on your behalf, and ensuring that your rights are protected throughout the process.

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