Can Police Enter Locked Room to Arrest DV Suspect?

Can You Enter a Locked Bedroom to Arrest a DV Suspect?

Today’s question comes from an officer in Washington. Here’s the scenario:

The domestic violence (DV) victim is outside her home, while the suspect is inside, locked in a bedroom. There is probable cause (PC) to arrest the suspect for DV. The victim indicates that she wants to re-enter the home. The question is: Can the police force entry into the locked bedroom to arrest the suspect without a search warrant?

This is a common question, but unfortunately, there isn’t a lot of clear case law addressing this specific situation. Let me walk you through how I would analyze it.

Legal Framework

1. General Rule: No Warrantless Entry for Routine Arrests
   The U.S. Supreme Court case Payton v. New York (1980) established that police cannot enter a home without a warrant to make a routine felony arrest. A related case, U.S. v. Johnson (1982), reinforces this principle, stating that the Fourth Amendment prohibits warrantless and non-consensual entry into a suspect’s home for a routine felony arrest.In this scenario, the suspect has locked himself in the bedroom, which clearly indicates he is not consenting to the arrest.
2. Consent from the Victim
   You might think, “But the victim can consent to entry, and her consent overrides his lack of consent.” However, that’s not generally true. The case Georgia v. Randolph (2006) established that when one party consents to entry but another present party objects, the consent is invalidated. So, the victim’s consent alone won’t justify entry into the bedroom.
3. Exigent Circumstances Exception
   The key to this situation lies in exigent circumstances. The Ninth Circuit addressed this in U.S. v. Snipe (2008), adopting a two-part test:
   • (1) Do officers have an objectively reasonable basis to believe there is an immediate need to protect the lives or safety of themselves or others?
   • (2) Is the manner and scope of the entry or search reasonable?

   Officers on the scene must evaluate these factors carefully.

Applying the Law to the Scenario

1. Victim’s Rights
   The victim has a right to re-enter her home. If she is the victim of physical domestic violence, she also has the right to be protected from further harm by her spouse or partner. This creates a potential exigency: if the victim re-enters the home alone, she could be battered again.
2. Police Role as Protectors
   Based on these facts, police may have a duty to enter the home to protect the victim. However, this decision must be weighed against the risks involved. For example:
   • Does the suspect have firearms or other weapons?
   • Is the suspect barricaded in the bedroom, potentially escalating the situation?

   These factors could create a volatile situation, increasing the likelihood of use of force or an officer-involved shooting (OIS).

3. Alternative Approaches
   If there is no immediate threat, officers should consider alternative strategies:
   • Convince the victim to leave the home temporarily.
   • Obtain a search or arrest warrant.
   • Deploy a tactical team if the suspect is armed and dangerous.

   However, if the victim insists on staying in the home and there is a reasonable belief that she will be harmed, officers may need to act under exigent circumstances.

Key Considerations

• Weapons in the Home
  If there are weapons in the bedroom or the suspect has threatened violence, this increases the urgency and justifies treating the suspect as a barricaded subject. In such cases, a tactical plan is essential.
• Limited Entry
  If the victim only needs to retrieve something from a common area (e.g., her purse in the kitchen), officers could shadow her to ensure her safety without escalating the situation.
• Articulation of Exigent Circumstances
  If officers decide to enter the locked bedroom, they must clearly articulate the exigent circumstances that justify the entry. This includes explaining why immediate action was necessary to protect the victim or others from harm.

Conclusion

There is no automatic right to enter a home in this scenario. Officers must rely on exigent circumstances to justify their actions. In this case, exigency likely exists, but it’s crucial to document and articulate the reasons for entry thoroughly.

Finally, remember that resolving the situation peacefully is always the preferred approach. If there’s a way to avoid forcing entry—such as convincing the victim to leave or obtaining a warrant—officers should explore those options first.

I hope this helps you navigate similar situations and make the right call every time.