Is an arrest warrant sufficient to search a person's home?

California, United States of America


The following excerpt is from People v. Codinha, 138 Cal.App.3d 167, 187 Cal.Rptr. 682 (Cal. App. 1982):

"Thus, as we recently observed, '[i]n terms that apply equally to seizures of property and to seizures of persons, the Fourth Amendment has drawn a firm line at the entrance to the house. Absent exigent circumstances, that threshold may not reasonably be crossed without a warrant.' Payton v. New York, supra, 445 U.S. at 590, 100 S.Ct., at 1382. [Citations.] ... Thus, the narrow issue before us is whether an arrest warrant--as opposed to a search warrant--is adequate to protect the Fourth Amendment interests of persons not named in the warrant, when their homes are searched without their consent and in the absence of exigent circumstances." (Id., 101 S.Ct. at p. 1647; italics added.)

The court explained:

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