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When Police Are Called to a House

Conn. Gen. Stat. § 46b-38b — an arrest when an officer finds family violence, and only the dominant aggressor

When a peace officer determines on speedy information that a family violence crime was committed in the officer's jurisdiction, the officer arrests the person suspected and charges the appropriate crime. The decision does not depend on the victim's consent, does not weigh the relationship between the people, and is not based solely on the victim's request.

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Who handles this in Connecticut: legal aid programs and the state offices, listed in the Connecticut directory.

  • When two or more people complain against each other, the officer is not required to arrest both, and evaluates each complaint to find the dominant aggressor, weighing self defense, injuries, threats and any history between them.
  • No officer may threaten or suggest arresting everyone involved to discourage a call for help.
  • The officer may seize a firearm, electronic defense weapon or ammunition at the scene held by the person arrested or suspected, or in plain view, and it is returned within seven days unless the owner may not possess it or a court orders otherwise.
  • The officer at the scene gives the victim immediate assistance, including help obtaining medical treatment.
  • Conn. Gen. Stat. § 46b-38b

The Fourth Amendment draws its firmest line at the entrance to a home, and the Supreme Court of the United States has held where it falls in situations police meet at a door. Absent consent or exigent circumstances, officers may not enter a home without a warrant to make a routine felony arrest. Where one occupant consents to a search of a shared home and another who is physically present expressly refuses, the search is unreasonable as to the one who refused. And officers may enter without a warrant when they have an objectively reasonable basis for believing someone inside is seriously injured or imminently threatened with such injury. Those holdings are a floor: a state's own constitution and statutes can give more protection than they do, never less.

  • Payton v. New York
  • Georgia v. Randolph
  • Brigham City v. Stuart
Sources for this section (4)
  1. Conn. Gen. Stat. § 46b-38b — Investigation of family violence crime by peace officer. Arrest. Assistance to victim. Guidelines. Compliance with model law enforcement policy on family violence. Education and training program. Assistance and protocols for victims whose immigration status is questionable. Exceptions
  2. Payton v. New York, 445 U.S. 573 (1980) — Warrantless entry into a home to make a routine arrest is barred
  3. Georgia v. Randolph, 547 U.S. 103 (2006) — A present occupant's refusal defeats another occupant's consent
  4. Brigham City v. Stuart, 547 U.S. 398 (2006) — Police may enter to render emergency aid

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Connecticut attorney.

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