Page 88 - North Carolina 2020 Legal Guide
P. 88

Task: Home Entry






          Steagald v. U.S., 451 U.S. 204 (1981).

               Absent exigency or consent, officers must obtain a search warrant

               before entering the home of a third party to make an arrest of a non-

               resident.  An arrest warrant is insufficient when the subject of the

               warrant is in a 3 parties home.
                                           rd




          • The interest protected by this case belongs to the 3 Party who is
                                                                                                          rd
               not the subject of the arrest warrant.


          • The failure to get a search warrant will render any evidence found

               that implicates the 3 party resident in a crime, inadmissible.
                                                   rd












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