Page 87 - Original 2020 Legal Guide By Jack Ryan

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.

©2020 Jack Ryan Legal & Liability Risk Management Institute 86