What is the test for a warrant to arrest a person in the home?

California, United States of America


The following excerpt is from People v. Steeg, 193 Cal.App.3d 579, 220 Cal.Rptr. 904 (Cal. App. 1985):

"To be arrested in the home involves not only the invasion attendant to all arrests but also an invasion of the sanctity of the home. This is simply too substantial an invasion to allow without a warrant, at least in the absence of exigent circumstances, even when it is accomplished under statutory authority and when probable cause is clearly present." (United States v. Reed (2d Cir.1978) 572 F.2d 412, 423, quoted with approval in Payton, supra, 445 U.S. at pp. 588-589, 100 S.Ct. at p. 1381.)

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