Can a peace officer enter a person's home to execute an arrest warrant?

California, United States of America


The following excerpt is from People v. Laird, C074355 (Cal. App. 2016):

Defendant cites Steagald v. United States (1981) 451 U.S. 204 [68 L.Ed.2d 38], which held that, although peace officers may enter the home of a person to execute an arrest warrant when there is reason to believe the suspect is within, officers may not enter the "home of a third person" unless there is independent evidence that a legitimate object of a search is located in the third party's home -- a determination to be made by the magistrate, not a peace officer (Id. at pp. 213-214.) But Steagald was referring to a situation where police might think the suspect was visiting a residence, not where police had reason to believe the suspect resided at the residence with others. "[T]he agents sought to do more than use the warrant to arrest Lyons in a public place or in his home; instead, they relied on the warrant as legal authority to enter the home of a third person

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