Is Your Home an Arrest-Free Safe Zone?
You feel safe at home, and you should. Your home is your sanctuary. But did you know that you can be arrested pretty much anywhere? And that ‘anywhere’ includes in the safety of your own house or apartment. The question does not come down to where you are located, but the probably cause surrounding your arrest.
Probably Cause
The Fourth Amendment says: “The right of the people to be secure in their persons, houses, paper, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probably cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
This means that an overzealous police officer cannot break down your front door and place you in handcuffs. An officer knocking on your front door with the intent to place you under arrest must have probably cause. They may have observed what they believe to be suspicious behavior, have had a witness come forward with information, or circumstantial evidence that you have taken part in a crime.
Being Arrested at Home
If an officer has a warrant, they can arrest you in your home. You can also be arrested in your home if you are actively committing a crime. For example, if you are involved in a physical altercation in your home and the police are called, you may be arrested. If you are causing a noise disturbance and refuse to cooperate with lawful requests to keep the volume down, you can be arrested. Your home is not a type arrest-free zone.
Your home does, however, shield you from observation. You can typically do whatever you like in your own home, provided you are not disturbing anyone else. It is when your activities arise the suspicion of the police that you may find yourself the subject of more attention than you would like.
If you have been accused of a crime or the subject of an arrest warrant in Orlando, you need the assistance of an experienced defense attorney. Call our office today and speak with a member of our team at no cost to you or your family. We will review the facts surrounding your charges and advise you of the next reasonable steps. Do not fight your charges alone. Call us for assistance.