October 14, 2009 By Wallin & Klarich

In the case of People v. Ramey, 16 Cal.3d 263 (1976), the California Supreme court limited but did not prohibit the right of police officers to arrest a suspect in the home. The Court in Ramey held, “in the absence of a bona fide emergency, or consent to enter, police action is seizing the individual in the home must be preceded by the judicial authorization of an arrest warrant.” 16 Cal.3d 275. Based on the holding in Ramey, a warrantless arrest of a suspect in the home requires:

  1. consent, or
  2. emergency circumstances.

What this means is that there are cases that the court will dismiss if you retain a highly experienced criminal defense law firm who can bring the proper motion to the courts attention. Unfortunately too many people who could win their case, fail to retain a skilled Orange County criminal defense attorney to help them. This leads to people going to jail and having a felony record merely due to the person’s failure to act to retain a law firm to help them.

Do not allow an unconstitutional violation of your privacy. Upon being arrested, contact an experienced criminal defense law firm that will have the legal knowledge necessary to protect your constitutional rights.

If you or someone you love has been accused of a crime in California, contact the experienced Orange County criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839 or www.wklaw.com for a consultation of your case. We can help you.

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