An officer, without any warrants, goes to the house of suspect's brother where the suspect is staying. The officer has probable cause to believe that the suspect has committed a trespass that occurred earlier (misdemeanor). The brother consents to entry. Is the arrest legal?

• A. Yes
• B. No because the officer does NOT have any warrants and trespassing is not an exception crime
• C. Only if the suspect is present
• D. No because trespass is a felony

Answer: (B)

Consent from someone with authority to permit entry can remove the warrant requirement for entering a home and making an arrest there. The brother, as the occupant of the house where the suspect is staying, can give that authority by consenting to entry. Because the officer has probable cause to believe the suspect committed a misdemeanor trespass, entering with the brother’s consent allows the officer to arrest the suspect inside the home without a warrant. The misdemeanor nature of the offense does not negate the validity of a warrantless arrest when valid consent is present; the key factor is the valid consent from a person with control over the residence.