Q: If the police tell you that they aren’t going to charge you with a crime, release you from their custody, and then
Allow you to re-enter your home for 10+ minutes before changing their mind, coming and knocking on your door telling you that you need to come with them because they changed their minds, shouldn’t they have needed a warrant for my arrest at that point?
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A:
If the police initially released you from custody and allowed you to return to your home, then changed their minds and asked you to come with them again, the situation can be complex. Generally, once you are released and back in your home, the police might need a warrant to arrest you again, especially if there was a significant lapse in time or if they entered your home without your consent. The Fourth Amendment protects against unreasonable searches and seizures, and entering your home to arrest you without a warrant may violate those protections.
However, there are exceptions, such as exigent circumstances, where police may act without a warrant if they believe there is an immediate threat or danger. Understanding whether these exceptions apply would require more details about the situation.
If you find yourself in this situation, it’s important to consider your legal rights. Consulting with a legal professional can help you understand whether the police acted within their authority and what your next steps should be.
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