Can a police officer who makes an uninvited entry onto a private property violate the occupant's Fourth Amendment right of privacy?

California, United States of America


The following excerpt is from People v. Meves, F065386 (Cal. App. 2013):

A police officer who makes an uninvited entry onto private property does not per se violate the occupant's Fourth Amendment right of privacy. "Absent express orders from the person in possession against any possible trespass, there is no rule of private or public conduct which makes it illegal per se, or a condemned invasion of the person's right of privacy, for anyone openly and peaceably, at high noon, to walk up the steps and knock on the front door of any man's 'castle' with the honest intent of asking questions of the occupant thereofwhether the questioner be a pollster, a salesman, or an officer of the law." (Davis v. United States (9th Cir. 1964) 327 F.2d 301, 303.) This essentially is what Clodt did when he approached Meves while Meves was standing outside his home in an area open to public view.

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