When consent has not been given and there are no exigent circumstances, LEOs who wish to enter a defendant's home to make an arrest must:

When consent has not been given and there are no exigent circumstances, LEOs who wish to enter a defendant's home to make an arrest must:

• A. Enter without a warrant if there is probable cause.
• B. Have an arrest warrant, have reason to believe defendant is present, give notice of identity and purpose unless you believe that doing so will endanger your safety.
• C. Obtain consent from a third party before entering.
• D. You may not enter under any circumstances.

Answer: (B)

When there is no consent and no exigent circumstances, entering a defendant’s home to arrest requires judicial authorization and proper procedure. Officers must have an arrest warrant supported by probable cause, must have a reasonable belief that the defendant is present in the home, and must identify themselves and state their purpose for entering, unless giving that notice would endanger anyone’s safety. This combination protects the person’s Fourth Amendment rights while still allowing for a lawful arrest with proper authority. Other options don’t fit because entering without a warrant isn’t allowed without exigent circumstances, and relying on consent from a third party isn’t applicable when no consent has been given by a person authorized to grant it. Saying there is no circumstance in which entry is permitted ignores the warrant-based framework that exists for non-exigent arrests in a residence.

When there is no consent and no exigent circumstances, entering a defendant’s home to arrest requires judicial authorization and proper procedure. Officers must have an arrest warrant supported by probable cause, must have a reasonable belief that the defendant is present in the home, and must identify themselves and state their purpose for entering, unless giving that notice would endanger anyone’s safety. This combination protects the person’s Fourth Amendment rights while still allowing for a lawful arrest with proper authority.

Other options don’t fit because entering without a warrant isn’t allowed without exigent circumstances, and relying on consent from a third party isn’t applicable when no consent has been given by a person authorized to grant it. Saying there is no circumstance in which entry is permitted ignores the warrant-based framework that exists for non-exigent arrests in a residence.