Comments by "Goose" (@goose7574) on "Bodycam Shows 76-Year-Old Woman Arrested For Disorderly Conduct" video.
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@hbomatt
Okay buddy....
I understand that you don't know what ANY of us commenters do for a living, but before you go acting like a complete SCHMUCK and like certain people don't know the law and are uneducated...
Here:
In the event of a warrant (even if it's a Misdemeanor warrant), a L.E.O. can enter the residence ( ESPECIALLY if they open the door and/or see the perp inside), they just have to be able to prove to the courts, that the home they are searching, is the "defendants."
Whether this comes from written proof: driver's license, last proof of residence, or even a witnesses testimony (family, friend or neighbor), there are mutiple avenues this can be obtained.
IN THIS CASE, it was VERY easy to tell that the "defendant" was at that residence, because her "DUMBASS" started Yelling at her Mother/Grandmother to shut the door (or whatever her exact words were), while she was talking to the L.E.O.
At that point, the L.E.O., has VERY clear authority, to NOT allow the door to shut, and this is for a few reasons, but the main one that can be used, is safety.
Perps have been known to retreat obtain a weapons on occasion, so keep constant eye on the perp is important.
In fact, unless there has been a specific protocol change with a specific department's warrants (i.e. certain ones go through SWAT, etc), it's very possible that a L.E.O. could make entrance without somebody coming to the door, if they either know the perp is in the residence, or see the perp inside, ESPECIALLY if the door is unlocked. The biggest issue... again, is being able to prove that the residence is where they reside (or the courts have issued a 2nd/3rd address-family's house, friend, etc.,).
And NO, this isn't a search warrant. Those are OBVIOUSLY a COMPLETELY different warrant (eventhough they can "technically" be used in two different ways- 1. To search for people- when their protocol is different and requires a "search warrant," and/or 2. To search for items in a home- drugs, paraphernalia, stolen property, etc).
An arrest warrant ONLY gives a L.E.O probable cause to search the premises, and ONLY search where somebody could be hiding (i.e.- rooms, closets, attics, under beds, showers, large cupboards, etc.), so basically they can't start going through individuals personal belongings (dressers, kitchen cupboards, bathroom drawers, etc).
Now, with that being said, if they do go inside, and happen to come across something illegal (drug paraphernalia out in plain sight, drugs, etc), they can make an additional arrest or citation for that. This is why it's best to just come to the door, especially if you're at a friend's house, or share your house with somebody else, and don't want to end up getting them in trouble for something.
Lastly,
In most cases, a L.E.O., won't enter the residence without knocking, with just a regular Misdemeanor Warrant.
Just be prepared that if you open the door and they see you, that they most likely, aren't going to just walk away...
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