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question.jpgIn Criminal Law

When is a warrant required?

A warrant is not required if an officer sees the commission of a misdemeanor or felony in a public place, or - if a felony is not committed in the officer’s presence - there is reasonable grounds for making the arrest; this is true even if it is practicable to secure a warrant. However, police may not arrest a person in his/her home without an arrest warrant, absent exigent circumstances or valid consent. Standing in the doorway of a house, however, constitutes a “public” place, and therefore a warrant is not required. Furthermore, police cannot arrest a suspect in someone else’s home, either, absent exigent circumstances or valid consent.