What is the test for obtaining a warrant to enter a person's home?

California, United States of America


The following excerpt is from People v. White, 183 Cal.App.3d 1199, 228 Cal.Rptr. 672 (Cal. App. 1986):

The Fourth Amendment requires law enforcement officers to obtain a warrant before entering a citizen's home. (See, e.g., Payton v. New York (1980) 445 U.S. 573, 100 S.Ct. 1371, 63 L.Ed.2d 639; People v. Ramey (1976) 16 Cal.3d 263, 127 Cal.Rptr. 629, 545 P.2d 1333.) One of the few exceptions to this rule--and the one the trial court invoked in this case--is the so-called "hot pursuit" doctrine. As the term suggests, this exception dispenses with the warrant requirement when officers are chasing a suspect who is in active flight. The justification is that otherwise he might escape again while the police sit around waiting for the warrant to be issued.

Other Questions


What is the state's burden to obtain a warrant to enter a person's home? (California, United States of America)
What is the test for obtaining a warrant to search a person's home without a warrant? (California, United States of America)
What are the consequences of a "doorway arrest" where police without an arrest warrant enter a person's home and arrest the person who opens the door? (California, United States of America)
Does a police officer who entered a Defendant's home without a warrant violate section 844 of the California Criminal Code when he entered without a search warrant? (California, United States of America)
What is the test for obtaining a warrant to search a person's home? (California, United States of America)
Does a police officer need to obtain consent to enter and search a person's home during a second interview? (California, United States of America)
Can a law enforcement officer enter a person's home without a warrant? (California, United States of America)
Does a defendant have to obtain a warrant to enter and search his home after a fire has been extinguished? (California, United States of America)
What is the test for obtaining a search warrant for the seizure of a person's personal financial records? (California, United States of America)
What is the test for obtaining a warrant to search a person's home? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.