Skip to main content skip navigation
  • Account
    • Login
    • Manage
  • Subscribe
    • JUSTINFO
    • Register
  • Shopping Cart
  • Contact Us
    • Email
    • Feedback
    • Chat
    • Phone or Mail
  • Site Help
National Criminal Justice Reference Service
Office of Justice Programs header with links to bureaus/offices: BJA, BJS, NIJ, OJJDP, OVC, SMART Office of Justice Programs BJA BJS NIJ OJJDP OVC SMART Office of Justice Programs
Advanced Search  Search Help
    Browse By Topics  down arrow
  • A–Z Topics
  • Corrections
  • Courts
  • Crime
  • Crime Prevention
  • Drugs
  • Justice System
  • Juvenile Justice
  • Law Enforcement
  • Victims
CrimeSolutions
Add your conference to our Justice Events calendar
  • ABOUT NCJRS
  • OJP PUBLICATIONS
  • LIBRARY
  • SEARCH Q & A
  • GRANTS & FUNDING
  • JUSTICE EVENTS
Home / Publications / NCJRS Abstract

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

1 record(s) found

 

NCJ Number: 61294 Find in a Library
Title: WARRANTLESS ENTRY TO ARREST - A PRACTICAL SOLUTION TO A FOURTH AMENDMENT PROBLEM
Journal: UNIVERSITY OF ILLINOIS LAW FORUM  Volume:1978  Dated:(1978)  Pages:655-685
Author(s): T E GRADY
Date Published: 1978
Annotation: THE FOURTH AMENDMENT SHOULD REQUIRE A WARRANT PRIOR TO POLICE ENTRIES TO ARREST AS WELL AS PRIOR TO ENTRIES TO SEARCH, BUT SUCH A CONSITUTIONAL WARRANT SHOULD BE SUBJECT TO AN EXCEPTION FOR EXIGENT CIRCUMSTANCES.
Abstract: THE UNITED STATES SUPREME COURT HAS NEVER DECIDED WHETHER THE FOURTH AMENDMENT REQUIRES POLICE TO OBTAIN A WARRANT BEFORE MAKING A FORCIBLE ENTRY TO THE HOME TO ARREST A SUSPECT IN THE ABSENCE OF EXIGENT CIRCUMSTANCES. HOWEVER, THE SUPREME COURT HAS EXPRESSLY RESERVED THE QUESTION SEVERAL TIMES DURING THE PERIOD FROM 1958 TO THE PRESENT. IN THE UNITED STATES V. WATSON AND THE UNITED STATES V. SANTANA, THE SUPREME COURT INDICATED ITS WILLINGNESS TO DEAL WITH THE FOURTH AMENDMENT ARREST PROBLEMS. THE DIRECT CONFLICT BETWEEN PEOPLE V. PAYTON AND UNITED STATES V. REED ON THE ISSUE OF WARRANTLESS ENTRY TO ARREST IN THE HOME MAY PROVIDE THE COURT WITH AN OPPORTUNITY TO SHAPE THE LAW OF ARREST UNDER THE FOURTH AMENDMENT. ALTHOUGH A WEIGHING OF INTERESTS PROVIDES THE COURT WITH A METHOD TO RESOLVE EVEN THE MOST DIFFICULT FOURTH AMENDMENT QUESTIONS, SOCIETY'S NEED FOR EFFECTIVE LAW ENFORCEMENT MUST BE BALANCED AGAINST THE INDIVIDUAL'S RIGHT TO PERSONAL LIBERTY. REQUIRING A WARRANT PRIOR TO ARRESTS IN THE HOME WOULD CREATE A SLIGHT BURDEN FOR LAW ENFORCEMENT, BUT THAT BURDEN WOULD BE OVERSHADOWED BY THE PROTECTION AFFORDED AGAINST UNJUSTIFIED AND ARBITARY POLICE INTRUSIONS IN THE HOME. THEREFORE, THE FOURTH AMENDMENT SHOULD REQUIRE A WARRANT PRIOR TO POLICE ENTRIES TO ARREST, AS WELL AS PRIOR TO ENTRIES TO SEARCH. NEVERTHELESS, SUCH A CONSTITUTIONAL WARRANT REQUIREMENT FOR POLICE ENTRY TO ARREST SHOULD BE SUBJECT TO AN EXCEPTION FOR EXIGENT CIRCUMSTANCES SUCH AS WHEN POLICE ARE IN HOT PURSUIT. TO PROVIDE POLICE WITH PROCEDURAL GUIDELINES, 'EXIGENT CIRCUMSTANCES' SHOULD BE DEFINED PRECISELY. EXTENSIVE FOOTNOTES ARE PROVIDED. (MJW)
Index Term(s): Arrest and apprehension; Arrest warrants; Citizen arrests; Constitutional Rights/Civil Liberties; Law reform; US Supreme Court
Sponsoring Agency: University of Illinois, Urbana Champaign
Urbana, IL 61801
Corporate Author: University of Illinois, Urbana Champaign
Dept of Sociology
United States of America
Page Count: 31
Format: Article
Language: English
Country: United States of America
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=61294

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.




Find in a Library

You have clicked Find in a Library. A title search of WorldCat, the world's largest library network, will start when you click "Continue." Here you will be able to learn if libraries in your community have the document you need. The results will open in a new browser and your NCJRS session will remain active for 30 minutes. Learn More.

You have selected:

This article appears in

In WorldCat, verify that the library you select has the specific journal volume and issue in which the article appears. Learn How.

Continue to WorldCat

You are about to access WorldCat, NCJRS takes no responsibility for and exercises no control over the WorldCat site.

 
Office of Justice Programs Facebook Page  Twitter Page
  • Bureau of Justice Assistance Facebook Page Twitter Page
  • Bureau of Justice Statistics Twitter Page
  • National Institute of Justice Facebook Page Twitter Page
  • Office for Victims of Crime Facebook Page Twitter Page
  • Office of Juvenile Justice and Delinquency Prevention Facebook Page Twitter Page
  • Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking Facebook Page Twitter Page
Contact Us | Feedback | Site Map
Freedom of Information Act | Privacy Statement | Legal Policies and Disclaimers
USA.gov | CrimeSolutions
Department of Justice | Office of Justice Programs