Legal Question in Criminal Law in Texas
Entering a resident
Is a warrant needed to enter a resident to arrest an occupant ?
and if the home owner requests to see the warrant before letting in law enforcement and law enforcement refuses does the home owner have to let them in ?, and if law enforcement puts their hand on his gun is that consider intimidation?
1 Answer from Attorneys
Re: Entering a resident
yes, a warrant is needed to enter a residence to arrest someone who lives there. If they are going to another residence to arrest someone, they will likely need both a search warrant and an arrest warrant.
If they have warrants to enter a home, they dont need permission to enter. Placing their hand on their gun doesn't really mean anything unless you are trying to argue that consent given to enter was given under threat or duress. But if they have a valid warrant, they dont need consent.
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