Legal Question in Civil Rights Law in Florida


I am interested in finding out why someone can not be arrested inside their home? And what are the different reasons that, that may be put aside?

Asked on 9/07/04, 11:00 pm

2 Answers from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Arrests

You have been misinformed. People are arrested in their homes all the time in the U.S. Domestic violence may be the leading category of arrest in the home.

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Answered on 9/08/04, 8:37 am
Alan Albin Alan S. Albin, Attorney at Law

Re: Arrests

Please be advised that I am not admitted to practice law in Florida. If you have a specific legal question relating to an occurrence in Florida, especially a criminal matter, then you should immediately consult with a qualified Florida criminal attorney.

In general, there are many circumstances in which a person CAN be arrested in their own home. For example, if the police are on the premises in a lawful fashion, and witness criminal activity, they can make an arrest, even in your own home.

What you may be confused about is whether and under what circumstances the police can enter a private home to make an arrest, without the homeowner's permission.

This is an extremely complicated area of law, and the answer would depend on the particular facts and circumstances involved.

While there are indeed legal protections protecting the right to privacy of a homeowner, i.e. such as the 4th Amendment to the U.S. Constitution, there are many exceptions.

Once again, please consult with an attorney in your area as soon as possible if you have a specific problem you need to discuss.

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Answered on 9/08/04, 11:20 am

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