Can a police officer make an arrest after breaking into a building without a warrant?
The following excerpt is from People v. Floyd, 288 N.Y.S.2d 950, 56 Misc.2d 373 (N.Y. Sup. Ct. 1968):
Section 175 of our Code of Criminal Procedure provides that an 'officer may break open an outer or inner door or window of any building, to execute (a) warrant, if, after notice of his authority and purpose, he be refused admittance.' Section 178 of the Code of Criminal Procedure contains a similar provision as to an arrest without a warrant. From this statutory scheme, it follows that an arrest made after breaking into a room or building without the police officer first giving notice of his authority and purpose is an unlawful arrest. (People v. Griffin, 22
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