Policy Text
Field Services Page 1 of 2 05/11 (REV 1/04)
Arrests Within Residences
The purpose of this order is to clarify case law as it applies to arrests within residences.
I. General
A. Case law states that, absent " exigent circumstances, "the Ca lifornia and
United States Constitutions require an officer to have a warran t to make
an arrest within the home. "Exig ent circumstances" were describ ed as "an
emergency situation requiring s wift action to prevent imminent danger to
life, serious damage to property, to forestall the imminent esc ape of a
subject or destruction of evidenc e (People v. Ramey, (1976) 16 C. 3d
263)."
B. Failure to follow the law may result in a civil liability no t only to the Sheriff's
Department, but under certain cir cumstances, it can impose a fi scal
liability on responding officers.
C. General Rules:
1. A search warrant is required to arrest a suspect in the susp ect's
own home. A search warrant and an arrest warrant are required to
arrest a suspect in the home of a third party.
2. Exigent circumstances are an exception to the warrant requir ement.
Officers must not generate their own exigent circumstances.
II. Arrests In Homes/T he Warrant Requirement
A. Suspect's Residence:
1. As a general rule you must hav e an arrest warrant in order t o arrest
someone inside their home (Willi ams (1989) 48 Cal.3d 1112;
Ramey (1976) 16 Cal.3d 263; P ayton (1980) 445 U.S. 573).
2. "Home" or "dwelling" can mean any place the suspect resides such
as a tent, motel room, boat, v an, etcetera (Williams (1988)45
Cal.3d 1268).
Field Services Page 2 of 2 05/11 (REV 1/04) 3. This same protection (the r equirement of a warrant) also app lies to
those portions of a business or office not open to the general
public.
B. Third Party's Residence:
1. If the person you seek to arrest turns out to be at someone else's
house, you will need a search warr ant (for the suspect's person )
unless one of the exceptions, such as consent or exigent circumstances, applies (Steagald (1981) 451 U.S. 204; Codinha
(1982) 138 Cal.App.3d 167).
2. It is the intrusion into the dwelling, not the actual arrest inside,
which offends the constitutional standards under Ramey (Campa
(1984) 36 Cal.3d 970; P oole (1986) 182 Cal. App.3d 1004; Evans
(1980 108 Cal.App.3d 193).
C. Exceptions to the Warrant Requirement:
1. Courts might find exigent circumstances if:
a. the crime was especiall y grave and/or violent
b. the suspect may have been armed
c. there was probable cause for felony or domestic violence
arrest
d. there was strong reason to believe the suspect was inside
e. there was a likeli hood the suspect would escape if not swift ly
apprehended
f. the entry was made "peaceabl y" (Williams (1989) 48 Cal.3d
1112)
2. Further examples of exigent circumstances include:
a. indications the sus pect will leave the area
b. an ongoing violent crime spree
c. "hot pursuit" (which is the sa me as a "fresh pursuit") (Jess ie
L. (1982) 131 Cal.App.3d 202; Spain (1984)154 Cal.App.3d.845).