Can Cops Enter Home to Arrest Husband for Domestic When He Says You Cant Come In?

Hello, everyone!

Today’s question comes from an officer in Iowa:

Can you enter an apartment to arrest a husband for domestic violence if the wife is outside the apartment and the husband refuses to let you in?

The officer mentioned familiarity with two key cases:

1. Georgia v. Randolph – This case involves a situation where one co-occupant (e.g., a wife) consents to a search, but the other (e.g., a husband) refuses. The Supreme Court held that their opposing decisions cancel each other out, meaning officers cannot enter based solely on consent.
2. Payton v. New York – In this case, officers entered a home based on probable cause for murder but without a warrant. The Supreme Court ruled that probable cause alone does not justify entry into a home for an arrest without exigent circumstances or a warrant.

Case Details

Officers were dispatched to an apartment after a 911 call reported a male assaulting a female with a knife. Dispatch advised that the female was inside just before officers arrived. However, as officers prepared to make entry, the female exited the apartment, having escaped.

The officers backed off, spoke with the female, and gathered information. She reported being assaulted multiple times, and officers established probable cause for domestic abuse, strangulation, and assault with a weapon. The male remained inside, refused to answer the door, and demanded that officers leave.

The female, a co-occupant with equal authority over the apartment, told officers they could enter to arrest the male. The question is:

Does consent from the wife allow officers to enter the apartment without a warrant?

Analysis

1. Consent and Georgia v. Randolph
Under Georgia v. Randolph, the husband’s refusal to allow entry overrides the wife’s consent. The principle here is that when one co-occupant with equal authority says “no,” officers cannot proceed based solely on the other co-occupant’s consent. The Supreme Court’s reasoning protects the sanctity of the home under the Fourth Amendment.

So, in this case, the husband’s refusal means you cannot rely on the wife’s consent to enter.

2. Exigent Circumstances
To enter without a warrant, you need exigent circumstances. Here are some factors to consider:

• Imminent Danger to Others:
  If there’s reason to believe someone else inside the apartment is in immediate danger, you may have exigent circumstances. For example, the husband just strangled his wife and has a weapon—if others are inside, their safety could justify entry without a warrant.
• Destruction of Evidence:
  Is there evidence inside the apartment that could be destroyed before you return with a warrant? For instance, DNA, skin cells, or trace evidence under the husband’s fingernails or on his clothes could be critical to the case. If you believe the husband might destroy such evidence, that could justify entry.

3. Wife’s Right to Enter
The wife, as a co-occupant, has a right to access her home. While Georgia v. Randolph prevents officers from entering based on her consent alone, she can still lawfully enter to retrieve her belongings. If she chooses to go back inside, officers could accompany her to ensure her safety.

However, if the wife refuses to re-enter and there’s no immediate danger or risk of evidence destruction, then exigent circumstances likely do not exist.

4. Other Considerations
If there’s no danger to others, no risk of evidence destruction, and no other urgent factors (e.g., risk of barricading or ambush), the best course of action is to obtain a warrant before entering.

Conclusion

Based on the facts provided:

• Consent from the wife is insufficient due to Georgia v. Randolph.
• To enter without a warrant, you must establish exigent circumstances, such as imminent danger or evidence destruction.
• If those circumstances don’t exist, the safest and most lawful approach is to obtain a warrant.

I hope this helps clarify the issue. Remember, the home is the most protected area under the Fourth Amendment, so always err on the side of caution when determining whether to enter without a warrant.

Thank you for the question, and stay safe out there!