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

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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