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Task: Home Entry
Payton v. New York, 445 U.S.573 (1980).
Officers may not enter a person’s home to make a routine felony
arrest without a warrant.
• Severity of an offense does not create exigency.
• Officers must get warrant unless exigency can be established or
consent can be obtained.
• Officer may only force entry with an arrest warrant into the home of
the subject of the warrant where they also have reason to believe
that the subject of the warrant is home at the time.
• Knock and Announce rules would also apply.
©2021 Jack Ryan Legal & Liability Risk Management Institute 88
