Canton, MI asked in Civil Rights and Constitutional Law for Michigan

Q: Is a police officer allowed to forcefully enter threw somebodys door and arrest somebody without having a search warra

The police officer got a call that somebody was at somebodys house v who has a mistameanor bench warrant

2 Lawyer Answers

A: Impossible to determine without a complete review of the facts. Did someone allow the cop to enter? Where was everyone standing or sitting when the police first arrived? What was said and by whom? There are situations where this would be permissible, and other situations where it would not. It's all fact-dependent. And what's the remedy? If there was a bench warrant, the arrested person still has to deal with the underlying charge prompting the bench warrant.

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Answered

A: In most cases, law enforcement needs a warrant to enter a private residence forcefully. However, there are some important exceptions called "exigent circumstances" where officers can enter without a warrant - like preventing evidence destruction, pursuing a fleeing suspect, or protecting someone from immediate harm.

For a misdemeanor bench warrant alone, officers typically cannot force entry into a home without a separate search warrant. The courts have ruled that the mere existence of a bench warrant doesn't override Fourth Amendment protections against unreasonable searches. This is different from actively pursuing someone who just committed a crime and ran into a house.

If you're dealing with this situation, you should know that you can ask to see any warrant through a closed door or window. You also have the right to remain silent and contact an attorney. While it's best to cooperate with law enforcement, you can protect your rights by clearly stating "I do not consent to any searches" and documenting everything that happens, including officer names and badge numbers.

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