What is the test for warrantless entry by the police into a house?

California, United States of America


The following excerpt is from In re Elizabeth G., 105 Cal.Rptr.2d 811, 88 Cal.App.4th 496 (Cal. App. 2001):

"`[A] warrantless entry by the police into a residence is at least presumptively unreasonable and therefore unlawful.' (People v. Williams (1988) 45 Cal.3d 1268, 1297, 248 Cal.Rptr. 834, 756 P.2d 221.) As the United States Supreme Court has explained: 'In terms that apply equally to seizures of property and to seizures of persons, the Fourth Amendment has drawn a firm line at the entrance to the house. Absent exigent circumstances, that

[105 Cal.Rptr.2d 816]

Other Questions


Does a warrantless entry by a police officer into a house without a search warrant violate the Fourth Amendment? (California, United States of America)
What is the test for warrantless entry by a police officer to a house in a residential street? (California, United States of America)
Does a complaint to the police department asserting misconduct by a police officer constitute a crime prescribed under California Penal Code section 148.5 of reporting to police officer that a felony or misdemeanor has been committed? (California, United States of America)
What is the test for entry into a vacant house by police officers? (California, United States of America)
Can a police officer enter the curtilage of a house and enter into the front garden of the house? (California, United States of America)
In what circumstances will police force entry into a house where they see and hear a fight taking place? (California, United States of America)
What is the test for warrantless entry into a house without a warrant? (California, United States of America)
Can a police officer force entry through the rear door of a house without compliance with the California Criminal Code Section? (California, United States of America)
In what circumstances will the landlord of an apartment house evict a police officer who found a large quantity of typewriters and office equipment in the garage of the apartment house where they were evicted? (California, United States of America)
What is the test for warrantless entry to a vehicle by a police officer on a charge of driving under the influence of alcohol? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.