MBE Rules · Criminal Procedure
4A — arrest
The rule
Requires probable cause. A warrant is required to arrest a person in their own home (Payton), except in exigent circumstances or with consent. To arrest in a third party's home, both an arrest warrant for the arrestee AND a search warrant for the home are required (Steagald), absent exigency.
In plain English
To arrest someone at home, police usually need a warrant unless there's an emergency or the person agrees. Arresting someone at another person's home needs two warrants unless it's urgent.
Worked example
Officer A wants to arrest the defendant at a friend's house. Without an emergency or consent, Officer A needs both an arrest warrant for the defendant and a search warrant for the friend's home.
Memory hook
Home Sweet Home = Warrant Zone. Arrest at home needs a warrant; elsewhere, exigency or consent can suffice.
The trap
Students think: any home arrest needs only an arrest warrant. Wrong, because a third-party home also needs a search warrant. The actual test is dual warrants for third-party homes.
How examiners test it
The MBE loves: police arresting someone at a friend's house. Question: is it legal? Trap: assuming only an arrest warrant suffices — remember, Steagald requires a search warrant too.
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