Which statement best describes the elements required for a lawful in-home arrest without consent?

• A. You may arrest in a home without any warrant if you have probable cause
• B. You may arrest in a home without any warrant if you have probable cause to believe the person is home and you have an arrest warrant
• C. You cannot arrest in a home without a warrant regardless of probable cause
• D. You may arrest in a home without a warrant if the occupant consents

Answer: (B)

To arrest someone in their home without the occupant’s consent, two things must be in place: there is an arrest warrant for the person, and there is probable cause to believe the person is inside the home. The arrest warrant names the individual and gives police authority to arrest that person, while probable cause to believe they’re inside ties the arrest to the actual location. Without these elements, a home arrest would run afoul of Fourth Amendment protections. The other statements fall short because they either ignore the need for a valid arrest warrant, state an absolute prohibition, or rely on consent—which defeats the “without consent” scenario being asked about.