Baby arrest law and can police come in your house without permission?
What is baby arrest? I'm guessing it has something to do with a baby (duh) but like what is it?
My friends mother didn't allow the police into her house but they still came in! are they allowed to do that? She told them she was going to go up stairs to get her husband and they rush up stairs even though she said they aren't allowed to come in :P
(The husband parked the car in the middle of the st and so the police came in and the officer stared screaming in front of the baby and the mother said to the officer to calm down the officer got mad and said that the husband was baby arrest)
I live in Texas
- HrēodbēorðLv 67 years agoFavorite Answer
Either something was lost in translation or, if the officer in fact told the husband he was under baby arrest, he was just being rude. As for entering your friend's mother's house without permission, police must in almost every situation have a warrant under the U.S. Constitution's Fourth Amendment, which reads: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.." In Payton v. New York [455 U.S. 543 (1980)], the Supreme Court wrote, "It is thus perfectly clear that the evil the Amendment was designed to prevent was broader than the abuse of a general warrant. Unreasonable searches or seizures conducted without any warrant at all are condemned by the plain language of the first clause of the Amendment. Almost a century ago the Court stated in resounding terms that the principles reflected in the Amendment 'reached farther than the concrete form' of the specific cases that gave it birth, and 'apply to all invasions on the part of the government and its employees of the sanctity of a man's home and the privacies of life,'" citing Boyd v. United States, [116 U. S. 616, 630]. Even to search a residence or arrest a person in his home with probable cause, police must have a warrant [Id.]. The only three circumstances under which police do not need a warrant are if an occupant of the house gives them permission to enter; the officers are in "hot pursuit" of a dangerous criminal they have probable cause to believe is in the premises [Warden v. Hayden, 387 U.S. 294 (1967)], or "exigent circumstances" including someone inside needing emergency help or protection from a dangerous criminal [.Michigan v. Fisher (2009)]. Since all but the first and last of these requires a warrant and nobody inside gave permission or was in danger except from the police outside, it would seem your friends' constitutional rights were violated.
--------------------------------------------------------------------------------Source(s): http://www.fedcoplaw.com/html/searchandseizure_2.h... http://www.archives.gov/exhibits/charters/bill_of_... http://supreme.justia.com/cases/federal/us/445/573... http://supreme.justia.com/cases/federal/us/558/09-...
- GeorgeLv 77 years ago
baby arrest law?...
Never heard of it in the USA.
Police can enter a home without permission or a search warrant if they have probable cause.