Is It Legal to Arrest If Police Officer (Was Outsidea a House) Saw Drugs Inside ?
In People v. Hassan, 253 Ill. App. 3d 558, 191 Ill. Dec. 952, 624 N.E.2d 1330 (1993), a police officer, from a place that he had a right to be, observed what he believed to be narcotics inside the defendant's home.
The defendant was arrested outside his home and the officer went inside the defendant's home without a warrant and seized the narcotics.
On appeal, the court found the police unlawfully entered defendant's home to seize the narcotics.
The court stated, "we believe that there was probable cause to believe that a quantity of cocaine was on the premises, but there was no 'emergency' which required a quick response.
The officers could have obtained a warrant without the risk that the suspect would escape or harm others In short, there was no need for swift action." Hassan, 253 Ill. App. 3d at 571.