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15 votes
15 votes
A police officer had probable cause to believe that a defendant was involved in a robbery. The officer obtained a valid arrest warrant and went to the defendant's apartment to execute it. The officer decided to go to the defendant's apartment right when he believed the defendant would be home from work, so he could search the defendant's apartment before he had a chance to hide the stolen goods. When the officer arrived at the defendant's apartment, the door was ajar, but nothing else seemed out of the ordinary. The officer slowly opened the door and entered the apartment. He walked toward the back of the apartment, and when he heard the defendant in a bedroom, pushed open the door, loudly told the defendant to freeze, and arrested him. Did the officer properly execute the arrest warrant

User Brian Douglas
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1 Answer

21 votes
21 votes

Answer:

- No, because the officer failed to "knock and announce" before he entered the defendant's apartment.

Step-by-step explanation:

As per the federal laws, the arrest implemented by the officer was not appropriate as he entered the defendant's house without knocking and informing him about the arrest. The law says that despite an arrest warrant is issued against an individual for a specific crime, the police officer who is executing the arrest is not allowed to enter the house of the defendant without knocking or declaring the purpose before him. Lawfully, he is required to give a knock at the door and then, announcing the purpose along with the reason of arrest. Hence, the arrest was inapt.

User Fortega
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