Warrantless Entry

Street Cop Podcast

In this archive episode, Dennis discusses circumstances where warrantless entry into private property is allowed. Recorded on 01/10/2018. Payton v. New York, 445 U.S. 573 (1980) was a United States Supreme Court case concerning warrantless entry into a private home in order to make a felony arrest. The Court struck down a New York statute providing for such warrantless entries because the Fourth Amendment draws a firm line at the entrance to the house. Absent exigent circumstances, that threshold may not be reasonably crossed without a warrant. The court, however, did specify that an arrest warrant (as opposed to a search warrant) would have sufficed for entry into the suspect's residence if there had been reason to believe that the suspect was within the home. Payton and related case law establish that the principle that a person in a home, particularly his or her own, is entitled Fourth Amendment protections not afforded to persons in automobiles, as per Whren v. United States, or to persons in public, as per United States v. Watson. Constructive Possession and Miranda with multiple passengers in a motor vehicle. Kirk v Lousianna http://caselaw.findlaw.com/la-court-of-appeal/1252149.html?fbclid=IwAR1zLNb9jCIpn1RMVKzeuPeNm654AcRs84IptNCdgpdudnB4k6kcdcc7gJs (http://caselaw.findlaw.com/la-court-of-appeal/1252149.html) US v. Santana 1976 https://supreme.justia.com/cases/federal/us/427/38/?fbclid=IwAR1a7BgeNeEGpxIHnUUH__3ZJX1Ob-5oliGQh9Jh9tyeS8lsVB9S126b8JA (https://supreme.justia.com/cases/federal/us/427/38/)