What is the current state of the law on warrantless, nonconsensual or nonemergency entry to a person's home?

California, United States of America


The following excerpt is from People v. Trudell, 173 Cal.App.3d 1221, 219 Cal.Rptr. 679 (Cal. App. 1985):

Payton v. New York, supra, 445 U.S. 573, 590, 100 S.Ct. 1371, 1382, 63 L.Ed.2d 639, prohibits police from making warrantless, nonconsensual, or nonemergency entries of residences to effect felony arrests. People v. Ramey, supra, 16 [173 Cal.App.3d 1229] Cal.3d 263, 275, 127 Cal.Rptr. 629, 545 P.2d 1333, similarly proscribes warrantless police seizures of individuals inside residences absent an emergency or consent to enter. Both decisions merely hold that without a valid warrant police may not enter a residence to effect an arrest absent consent or an emergency; the decisions are silent regarding a defendant's decision to exit his or her residence.

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