What is the test for entering a person's home without a warrant?
MultiRegion, United States of America
The following excerpt is from Emmons v. City of Escondido-Epd Chief of Police Craig Carter, CASE NO. 14cv1662 JM(DHB) (S.D. Cal. 2016):
Of course, an unconstitutional entry into one's home constitutes "paradigmatic" action under the Fourth Amendment, Michigan v. Tyler, 436 U.S. 499, 504 (1978), whether to obtain evidence or to search for potential injured victims. The Fourth Amendment demands that government officials obtain consent, possess a warrant, or demonstrate exigent circumstances before entering one's home. Illinois v. Rodriguez, 497 U.S. 177, 181 (1990).
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