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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21901
Experience:  Handle criminal matters in both state and federal courts.
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I refused to open the door on my home so that the police could

Customer Question

I refused to open the door on my home so that the police could arrest my son they had no warrent and he had been home all afternoon so there was no hot persuit they beat on my door for 90 minuets before breaking in I was charged with obstruction and put in jail for 30 hours was this obstruction or a violation of my fourth amendent rights
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Samuel II replied 5 years ago.

hi

 

a man's home is stil the exception to a warrantless arrest, unless like you state, there is reason to believe that a crime is being committed or if your son was chased into your home during a hot pursuit. if they knocked for 90 mintues, it is apparent there was no danger. it appears you have a very serious 4th amendment violation.

 

you can contact your local ACLU and ask about consulting with one of their attorneys on the matter - the ACLU works on these matters. use this link to contact them

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