United States v. Winchenbach - 197 F.3d 548 (1st Cir. 1999)

Rule:

An exception, to the ruling that officers who did not possess an arrest warrant could not enter the defendant's home to arrest him permits the police to arrest an individual in his home, without an arrest warrant, as long as they are lawfully on the premises, by reason, say, of a search warrant, and probable cause exists.

Facts:

Police, equipped with a search warrant but not an arrest warrant, entered appellant Ralph Winchenbach Jr.’s home and immediately arrested appellant on the basis of previously acquired probable cause. The district court denied appellant's motion to suppress the evidence obtained as a result of the arrest and the ensuing search. An appeal followed.

Issue:

May the police, equipped with a search warrant but not an arrest warrant, enter a home and immediately arrest a resident on the basis of previously acquired probable cause?

Answer:

Yes.

Conclusion:

The Court affirmed, holding that if police have gained lawful entry to an individual's home based on a valid search warrant, they may arrest the individual before commencing the search, provided that they have probable cause to do so. The Court noted that warrantless felony arrests outside of the home routinely survive constitutional attack as long as probable cause exists, and there was no valid reason why the same principle should not apply to arrests within a suspect's residence. The Court further found that the agents' belief that the appellant was engaged in the distribution of cocaine was eminently reasonable.