Quote:
Originally Posted by valo403
You're confusing 2 different issues here, the ability to make an arrest inside a persons home and the ability to enter a home for the purpose of investigating the initial report of a crime.
Under the Constitution there is a protected right in the home, and an officer seeking to make an arrest in the home would require a warrant. The arrest here seems to have been made on the porch, not inside the home. It's a bit of a grey are as to what constitutes the protected area, but the porch is likely not an area that would require a warrant for an arrest to be made.
The other issue is the ability to enter the home as part of the investigation of the initial complaint. There is probable cause here, all that is required is particularized facts leading to reasonable suspicion. There is also likely an exception to the warrant requirement under exigent circumstances as pursuit of an individual matching the description of the alleged perpetrator. But, like I said before, once Gates was established as being the rightful owner that exception is no longer applicable and any entry into the home would have to be consensual.
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I appreciate the clarification. So... once probable cause was removed, the police officer would be required to immediately leave, or would the initial probably cause be grounds for a continued search and continued presence in the home?