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As I understand the law, officers can break a door into an offender's house to execute a felony offense. C.C.P. 15.25. But they need consent or a search warrant to remove the offender from a third person's house. Steagald v. U.S., 451 U.S. 204 (81). Also the 2nd CA has stated, that under the 4th Amendment, officers can break into a Class C offender's house to arrest. Green v. S, 78-604('02, n.p.). But, under TEXAS law, is the only way to arrest misdemeanor offenders in their house, besides consent, to get a search warrant under C.C.P. 18.02(11)?
 
Posts: 532 | Location: McKinney, Tx | Registered: June 22, 2001Reply With QuoteReport This Post
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TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Breaking in to execute misdemeanor arrest warrants

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