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Misdemeanor Arrest at home scenario.
Anonymous3 views4 answers
A spouse called police and made claims of domestic violence. Police decide to pursue Misdemeanor (simple) Battery charges but the suspect is not home.
A cursory search of the home reveals suspect is no where around.
Police clear the scene with an affidavit.
Police return 3 hours later once they learn (from the suspect's employer) the suspect is back at home.
They forcibly enter the back door of his Condo lobby, confront the suspect and take him into custody. No warrant was ever issued. Was this an illegal arrest?
Should a warrant have been obtained?
Arrest paper reflected an arrest time which would have indicated the arrest happened when they were first on scene. Would a warrantless arrest be the reason for this paperwork change?
Gregory L. Olney IICriminal Defense AttorneySaint Petersburg, FLFL licensed ·
domestic violence is one of the misdemeanors for which police can make an arrest even if it was not committed in their presence. no warrant is necessary to make the arrest, just probable cause which they get from the victim's or witnesses' testimony. the entry may have been illegal...not enough information to determine, but that doesn't effect the legality or reality of the arrest. it would only be important if they obtained additional evidence to use against the suspect. police reports often contain mistakes. sometimes it can work to the defendant's benefit, but often it makes no difference. you need to get him the best experienced criminal trial attorney you can find to help him avoid the worst of consequences. good luck
Many states allow persons to be arrested for misdemeanor domestic violence even if it was not committed in front of them.
Domestic violence, unlike DUI, is rarely committed in the presence of law enforcement, but in the privacy behind closed doors. That is why many states have carved out this exception. A FL attorney can advise if FL is one of those states.
This does not appear to be an illegal arrest from the facts given. The cops can make an arrest like this one without a warrant. When you hire an attorney for this charge, the attorney will explore all avenues in investigating the facts and will represent you diligently.
You should hire a defense attorney to help you with this, or at least consult with one. Based on the facts as stated above, the arrest does not appear to be invalid. However, once you retain counsel, the attorney will do a thorough review of the evidence in your case to determine if any of your rights were violated.
