If a suspect has so much as a finger or a toe outside a doorway to the home, the arrest is no longer considered an arrest "in the home."

Question

Quizplus · Accepted Answer

The key factor in determining whether an arrest is "in the home" is not merely the physical position of the suspect's body parts (like a finger or toe) but whether the suspect is effectively within the premises or attempting to exit. Courts generally focus on the broader context of the arrest, including the suspect's location and actions, to determine if it occurred "in the home."

If a Suspect Has So Much as a Finger or a Toe