WARRANTLESS ENTRY TO ARREST, PART 2

• NCJ Number: 12256
• Journal: FBI Law Enforcement Bulletin Volume: 43 Issue: 1 Dated: (JANUARY 1974) Pages: 21-25
• Author(s): J P BOUTWELL
• Date Published: 1974
• Length: 5 pages
• Corporate Author: Federal Bureau of Investigation
• Publication Format: Article

Annotation

DISCUSSION OF CASES WHICH DISTINGUISH DAYTIME AND NIGHTTIME FORCEFUL ENTRY OF PRIVATE PREMISES TO MAKE A WARRANTLESS ARREST.

Abstract

DAYTIME ENTRANCES WITHOUT AN ARREST WARRANT ARE GENERALLY CONDONED. HOWEVER, COURTS HAVE REQUIRED 'EXIGENT CIRCUMSTANCES' BEFORE ALLOWING FORCEFUL NIGHTTIME ENTRY INTO A DWELLING. EXIGENT CIRCUMSTANCES ARE THOSE WHICH INDICATE A NEED FOR IMMEDIATE POLICE ACTION, SUCH AS HOT PURSUIT, DANGEROUSNESS OF THE SUSPECT, GRAVITY OF THE OFFENSE, LIKELIHOOD OF ESCAPE, OR POSSIBILITY OF DESTRUCTION OF EVIDENCE. THE AUTHOR NOTES THAT THIS IS AN UNSETTLED AREA OF LAW, AND SIGNIFICANT DISPARITY EXISTS WITHIN THE COUNTRY. FOR PART 1 SEE NCJ-012255.