Legal Question in Criminal Law in New York

In New York State, can an arrest be made inside ones own home, or does a police officer have to walk you outside and then make the arrest?

Asked on 2/07/12, 11:24 am

1 Answer from Attorneys

Stuart Austin Austin Law Associates, PC
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An arrest cannot normally be made in someones house without consent to enter. There are numerated exceptions to this rule however. In NY it is known as a Payton rule or violation if you wish to do your own research.

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Answered on 2/08/12, 5:28 am

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