''Payton v. New York'', 445 U.S. 573 (1980), was a

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

case concerning warrantless entry into a private home in order to make a

felony A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...

arrest An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questi ...

. The Court struck down a

New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...

statute providing for such warrantless entries because the Fourth Amendment draws a firm line at the entrance to the house. Absent

exigent circumstances In criminal procedure law of the United States, an exigent circumstance allows law enforcement (under certain circumstances) to enter a structure without a search warrant, or if they have a " knock and announce" warrant, allows them to enter withou ...

, that threshold may not be reasonably crossed without a warrant. The court, however, did specify that an

arrest warrant An arrest warrant is a warrant issued by a judge or magistrate on behalf of the state, which authorizes the arrest and detention of an individual, or the search and seizure of an individual's property. Canada Arrest warrants are issued by a j ...

(as opposed to a

search warrant A search warrant is a court order that a magistrate or judge issues to authorize law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate any evidence they find. In most countries, ...

) 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''.

Background

Theodore Payton of

New York City New York, often called New York City or NYC, is the List of United States cities by population, most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the L ...

was suspected of murdering an employee of a

gas station A filling station, also known as a gas station () or petrol station (), is a facility that sells fuel and engine lubricants for motor vehicles. The most common fuels sold in the 2010s were gasoline (or petrol) and diesel fuel. Gasoline ...

in the city. Thinking Payton was home, the

New York City police The New York City Police Department (NYPD), officially the City of New York Police Department, established on May 23, 1845, is the primary municipal law enforcement agency within the New York City, City of New York, the largest and one of ...

"forcibly entered Payton's home." Payton was in fact not home, and the police gathered evidence from his home connecting him to the murder of the gas station attendant. The police acted under a New York law "allowing police to enter a private residence to make a felony arrest without a warrant." At his trial, Payton was unable to have the evidence thrown out, and his conviction was upheld at the appellate level. The judge noted that the police entering Payton's house was "authorized by the New York law" and therefore was permissible.

References

External links

* * United States Supreme Court cases United States Supreme Court cases of the Burger Court United States Fourth Amendment case law 1980 in United States case law {{SCOTUS-stub

Background

See also

References

Further reading

External links