Illegal Arrest?

[DenverChief]

Originally Posted by stlchiefs

The Courts protect the privacy of ones home MUCH more than they do a person's car. I think the outcome would be very different in the above case. Save for certain exceptions (a growing number) a person cannot even be arrested in their own home without a warrant. On the other hand if the officer was lawfully inside the home (through exigent circumstances, which don't seem to exist here or consent of the "offender") the plain view doctrine would most likely allow them to seize the evidence and admit it at trial.

Takes this all with a grain of salt as next week is my study week for Crim Pro and Crim Law is not my area, I'm a transactional guy.

I love criminal law...I got my BS in Criminology and am Working on my Masters in it now...so I'm not a lawyer by any streach but I think I have a deep understanding of criminal law I'm not too sure about this case though