North Carolina Police Law Institute Practice Test

Which basis is required to lawfully arrest a defendant in his residence?

Consent or exigent circumstances or a warrant Probable cause alone A warrant for arrest only A search warrant for the entire home

Correct Answer:

Consent or exigent circumstances or a warrant

Explanation:

Entering a home to arrest someone is highly protected, so the lawful path to do it is narrow. An officer may arrest a defendant in his residence only if there is consent from someone with authority to give it, or there are exigent circumstances that justify immediate action, or there is a valid arrest warrant already issued for the defendant. Simply having probable cause isn’t enough to justify entering the home to make the arrest. A search warrant isn’t the appropriate tool for arrest itself; it authorizes searching for evidence, not the arrest, so it doesn’t by itself provide a basis to arrest inside the home.

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