When Police Are Called About Abuse at Home

Whenever an officer has reason to believe a person has been abused, neglected or exploited by a family or household member, the officer immediately uses all reasonable means to prevent more of it.

• Arresting the abusing party, if appropriate.
• Seizing and inventorying weapons where there is probable cause they were used in the incident.
• Going with the victim to the residence for a reasonable time to remove necessary belongings.
• Giving the victim written information on the relief available, with the officer's name and badge number.
• Referring the victim to a service agency, and advising about seeking medical attention.

• §750 ILCS 60/304StatuteAssistance by law enforcement officersOpens ilga.gov ↗

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 YorkCourt decisionWarrantless entry into a home to make a routine arrest is barred445 U.S. 573 (1980)Opens supreme.justia.com ↗
• Georgia v. RandolphCourt decisionA present occupant's refusal defeats another occupant's consent547 U.S. 103 (2006)Opens supreme.justia.com ↗
• Brigham City v. StuartCourt decisionPolice may enter to render emergency aid547 U.S. 398 (2006)Opens supreme.justia.com ↗