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NCJ Number: 97587 Add to Shopping cart Find in a Library
Title: Routine Felony Arrest May Not Be Made in the Home of a Third Party Without a Search Warrant - Supreme Court Announces Rule in Steagald v United States
Author(s): K S Cannaday
Corporate Author: University of North Carolina at Chapel Hill School of Government
United States of America
Date Published: 1981
Page Count: 7
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
University of North Carolina at Chapel Hill School of Government
Chapel Hill, NC 27599-5381
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America
Language: English
Country: United States of America
Annotation: This paper explains the background, facts, and implications in general and for North Carolina, in particular, of the U.S. Supreme Court decision in Steagald v. United States, which limited the right of the police to arrest suspects in the home of a third party.
Abstract: Previous decisions regarding warrantless entries to make felony arrests had left undecided the issues that arise when police enter the home of a person other than the one to be arrested. In the Steagald case, agents of the Drug Enforcement Agency had an arrest warrant for a Federal fugitive, Ricky Lyons. Probable cause existed to believe that Lyons could be found in a residence occupied by Steagald. The agents made an armed entry, eventually seized 43 pounds of cocaine, and produced a conviction of Steagald for its possession. Lyons was not found. The Supreme Court held that an arrest warrant was not sufficient for entering a third party's residence and that a search warrant was required. The arrest warrant protected Lyon's interest but not Steagald's interest in freedom from unreasonable searches of his home, according to the Court. The Steagald rule is most likely to be applied in a private lawsuit and contains substantial limits. In North Carolina, the Attorney General's Office favors the application of the rule by considering the defendant an 'item' under the State's G.S. 15A-242. Law enforcement officers generally must have a valid search warrant to enter a third party's home to make an arrest. With the consent of the householder, they may enter a dwelling for either a search or an arrest without a search warrant. Exigent circumstances and probable cause must be present to enter a dwelling to make an arrest without a search warrant. They need a search warrant to enter a third party home to arrest a defendant. Fourteen footnotes and a sample application for a search warrant are included.
Index Term(s): Arrest warrants; North Carolina; Right of privacy; Search warrants; US Supreme Court decisions
Note: Administration of Justice Memoranda, N 81/03 (May 1981).
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