Can a police officer enter a house without a warrant?

California, United States of America


The following excerpt is from People v. Smith, D048625 (Cal. App. 8/24/2007), D048625 (Cal. App. 2007):

An exception to the warrant requirement is also recognized where a police officer enters a residence, not for the purpose of investigating a crime, but for the purpose of protecting the safety or security of persons or property inside. (People v. Ray (1999) 21 Cal.4th 464, 468, 470-477 [plur. opn.] (Ray).) Thus, where the totality of the circumstances support a reasonable belief that the safety of persons or property in a home may be in jeopardy, police officers may enter the home without a warrant to ascertain whether their assistance is needed. (Ibid. [police responding to a neighbor's report that the door to a residence had been open all day long and that the interior of the residence was in shambles were entitled to enter the home without a warrant after no one responded when they repeatedly knocked at the front door].) In determining whether the community caretaking exception to the warrant requirement applies, the question is one of reasonableness, i.e., under the circumstances, "would a prudent and reasonable officer have perceived a need to act in the proper discharge of his or her community caretaking functions?" (Id. at pp. 476-477.)

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