Illegal Arrest?

[stlchiefs]

Originally Posted by DenverChief

awesome congrats....we talked about this (briefly) in Administrative law today....I just am trying to think of another situation where this might happen...like getting arrested in your home for a noise ordinance violation aand subject to your arrest the police discover stolen property that they wouldn't have found if they had (as the ordinance calls for) just summoned you...I dunno interesting discussion tho

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.