A Arrest Warrants

• Library: Illinois Decisions on Search and Seizure (2017 Ed.)

A. Arrest Warrants

Minnesota v. Olson, 495 U.S. 91 (1990) (In this case, a murder and armed robbery had occurred, the shooter was arrested, and the murder weapon was recovered. Based on probable cause to arrest, the police went to the home of two women who were not involved in the robbery but who were housing the driver of the getaway car. The police determined that the defendant-driver was inside the home, surrounded the home and eventually entered it without an arrest warrant and arrested him inside. At the police station he then made an inculpatory statement, which he sought to suppress at his trial. The trial judge denied the motion. The Minnesota Supreweme Court reversed his conviction, finding that the defendant was an overnight guest in the women's home and thus had a reasonable expectation of privacy in the premises. The court found no exigent circumstances to justify a warrantless entry, given that the murderer had been arrested and the murder weapon had also been recovered. The court concluded that his statement should have been suppressed. HELD: An overnight guest has a reasonable expectation of privacy in the home of another and, as such, a warrantless arrest of the guest would be contrary to Payton v. New York, 445 U.S. 573 (1980). Here, the defendant enjoyed a reasonable expectation of privacy in the women's home because he was an overnight guest. This apartment was also defendant's home within the meaning of the Fourth amendment. His status as an overnight guest was sufficient to vest in him a legitimate expectation of privacy. Absent exigent circumstances or consent, the police could not enter the home without an arrest warrant. However, "a warrantless intrusion may be justified by hot pursuit of a fleeing felon, or imminent destruction of evidence, or the need to prevent a suspect's escape, or the risk of danger to the police or to other persons inside or outside the dwelling").

Welsh v. Wisconsin, 466 U.S. 740 (1984) (The police received a call about a drunk driver. When they arrived at the scene they found the car in a ditch but no driver. After checking the vehicle's registration, the police went to the owner's house. Without obtaining an arrest warrant, the police went into the house and arrested him for operating a vehicle while under the influence of alcohol. At the police station the driver refused to take a breathalyzer test. The trial court found the arrest to be lawful and that the driver's refusal to take the breathalyzer test unreasonable, and therefore, suspended his driver's license. The Supreme Court of Wisconsin upheld the suspension order finding that there were exigent circumstances justifying the warrantless arrest. The exigency consisted of "the need for hot pursuit of a suspect, the need to prevent physical harm to the offender and the public, and the need to prevent destruction of evidence." HELD: The offense was a minor offense where exigent circumstances cannot be invoked. "[A]bsent exigent circumstances, a warrantless nighttime entry into the home of an individual to arrest him for a civil, nonjailable traffic offense is prohibited by the special protection afforded the individual in his home by the Fourth Amendment." Here, there were no exigent circumstances and that this was not a case of hot pursuit. Moreover, the gravity of this offense was not serious enough to allow the police to enter the home without an arrest warrant).

Payton v. New York, 445 U.S. 573 (1980) (Two cases were consolidated on this issue. New York had a statutory provision authorizing police officers to enter a private residence without an arrest warrant when making a routine felony arrest. In the first case, a police officer armed with probable cause that an individual had committed a homicide, but without obtaining an arrest warrant, entered his apartment intending to arrest him. The individual was not at home; however, in open view the officer saw and seized a shell casing. In the second case, the police had probable cause that the defendant had committed two armed robberies. Without obtaining an arrest warrant, the police went to his home and knocked on his door. When the defendant's son opened the door, the police observed the defendant sitting on the bed. The police entered the home and arrested him. In searching the immediate area of the arrestee, the police seized narcotics and drug paraphernalia from a chest of drawers. HELD: In the absence of exigent circumstances, police may not make...