What is the current state of the law on warrantless entry into a person's home?

California, United States of America


The following excerpt is from People v. Weise, 105 Cal.Rptr.2d 314 (Cal. App. 2001):

We begin by acknowledging that beyond a doubt, police officers have duties which are based upon their role as community caretakers. As the United States Supreme Court has recognized in the context of automobile seizures, police often engage in activities intended to benefit the public which are "totally divorced from detection, investigation, or acquisition of evidence relating to the violation of a criminal statute." (Cady v. Dombrowski (1973) 413 U.S 433, 441 [93 S.Ct. 2523].) We find no case, however, extending this broad exception to homes. Indeed, it appears those cases allowing the warrantless entry of residences have done so where some form of traditional exigency exists. We decline to unnecessarily divide this exigency exception into categories. We believe to do so would weaken the well-established limited basis which permits warrantless entry into residences.

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