By: Todd Duncan, NIRMA Law Enforcement and Safety Specialist
The home receives the highest level of Fourth Amendment protection. An arrest warrant gives deputies authority to arrest the person named in the warrant, but it does not automatically authorize entry into every residence where deputies believe that person may be located. An unlawful entry may result in suppression of evidence and potential civil liability.
Know What Your Warrant Authorizes Before You Cross the Threshold
FIRST QUESTION: Whose Home Is It?
- The Wanted Person’s Residence
Under Payton v. New York, an arrest warrant generally provides deputies limited authority to enter the wanted person’s own residence to make the arrest when deputies have reason to believe the wanted person is inside. Payton v. New York, 445 U.S. 573, 602–03 (1980).
Before entering, ask:
- Do we have a valid arrest warrant?
- Do we have sufficient facts to reasonably believe this is the wanted person’s residence?
- Do we have sufficient facts to reasonably believe the wanted person is presently inside?
Nebraska law adds an important requirement when forcing entry. Neb. Rev. Stat. § 29-411 provides that a deputy executing an arrest warrant may break an outer or inner door or window after giving notice of the deputy’s office and purpose and being refused admittance. Nebraska case law interpreting this statute states that forced entry is conditioned upon probable cause to believe the person sought is inside the building.
Practical Rule: An arrest warrant is not a blanket authorization to immediately force entry. Knock, announce your authority and purpose, and allow a reasonable opportunity for admittance before forcing entry, unless another recognized legal justification for entry exists, e.g., exigent circumstances.
- Someone Else’s Residence
The rules change when the wanted person is believed to be staying or hiding in someone else’s home.
In Steagald v. United States, 451 U.S. 204 (1981), the Supreme Court held that an arrest warrant for a suspect does not, by itself, authorize deputies to enter and search a third party’s home for that suspect. The arrest warrant protects the wanted person’s interest in being free from an unreasonable seizure; it does not adequately protect the homeowner’s separate privacy interest in their home.
Absent an applicable exception, deputies seeking a wanted person inside a third party’s residence should obtain a search warrant for that residence, supported by probable cause to believe the wanted person will be found there. Valid consent or exigent circumstances may provide an independent basis for entry.
THE SIMPLE RULE
| Wanted Person’s Home | Third Party’s Home |
| Arrest warrant + lawful basis to believe the suspect resides there and is presently inside → entry may be permissible. | Arrest warrant alone → NOT enough. Obtain a search warrant, consent, or establish another recognized exception to the warrant requirement. |
Why It Matters
Entering a home is one of the most significant intrusions governed by the Fourth Amendment. The Supreme Court has described the home’s entrance as a constitutional dividing line that generally cannot be crossed without appropriate legal authority.
Before crossing that line, deputies should be able to answer:
“Whose residence is this, what facts establish the wanted person is inside, and what legal authority permits me to enter?”
When the answer is uncertain, slow down, secure the situation when legally permissible, consult a supervisor or prosecutor, and obtain the appropriate warrant before entering.
Stay professional. Stay accountable. Protect the badge.
