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Payton v. New York 445 U.S. 573, 100
S.Ct. 1371 (1980)
Author: Libby
STATEMENT OF THE CASE: The D challenged the constitutionality of N.Y. Penal Law '''' 140.15(4) and 120.80 authorizing police officers to enter private residences without a warrant to make routine felony arrests. It violated U.S. Const. amends. IV, XIV prohibition against illegal searches and seizures.
PROCEDURE BELOW: Judgment in two separate criminal cases was appealed from the Court of Appeals of New York, on the basis that N.Y. Penal Law '''' 140.15(4) and 120.80.
STATEMENT OF THE FACTS: There were two different cases consolidated in one action. In the first case, six New York City police officers went to Payton's (D) apartment at 7:30 A.M., without a warrant, to arrest him for murder. They knocked, but D wasn't home. Since they could see light and hear music coming from the apartment, the police broke in and seized a shell casing that was out in plain view. The shell casing was later used as evidence against D at trial. D was convicted. In the second case, New York City policemen went to Riddick's (D) apartment at noon without a warrant to arrest him for two robberies. When D's three year old son opened the door, the police barged in and arrested D, who was in bed. The police also searched around the house, finding drugs, etc. in a bedroom drawer. D was later convicted on drug charges. Both Ds appealed their conviction, claiming that the arrests were unconstitutional for lack of warrant.
LEGAL ISSUE: Is an arrest warrant required for an in-house arrest under the 4th Amendment's right to privacy?
HOLDING: Absent exigent circumstances, the 4th Amendment bars warrantless, nonconsensual entry into a home to make a routine arrest.
REASONING: (Stevens, J.) Yes. Absent exigent circumstances, the 4th Amendment bars warrantless, nonconsensual entry into a home to make a routine arrest. A warrantless home entry is the chief evil against which the 4th Amendment is directed. Both arrest warrants and search warrants implicate the same interest in preserving the privacy and sanctity of the home and justify the same level of constitutional protection. Reversed, for D.
DISSENT: (White, J.) The four common law felony home arrest requirements are sufficient to protect privacy interests. These requirements are: 1. serious felony, 2. knock and announce, 3. stringent probable cause, and 4. entry during daylight hours. Forcing police to obtain arrest warrants will severely hamper law enforcement. It will also clog the courts, forcing adjudication of endless cases.
CRITICAL SUMMARY: A search and seizure in a home without a warrant is presumed to be unreasonable and the burden is on the prosecution to prove otherwise. One of the key elements that always seems to be lacking in these cases is the time it takes to get an arrest warrant. How long does it take; five minutes, five hours, etc.?