What is the state's burden to obtain a warrant to enter a person's home?
California, United States of America
The following excerpt is from The People v. Stallworth, H033975, No. CC816248 (Cal. App. 2010):
Unreasonable "physical entry of the home is the chief evil against which the wording of the Fourth Amendment is directed...." (United States v. United States District Court (1972) 407 U.S. 297, 313.) Put otherwise," "the right of a man to retreat into his own home and there be free from unreasonable governmental intrusion" ' stands "[a]t the very core" of the Fourth Amendment____' " (Groh v. Ramirez (2004) 540 U.S. 551, 559.) It is the state's burden to show the validity of a warrantless entry into a residence that the state justifies by an assertion of exigent circumstances. (See ibid.;
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