Can a homeowner's Fourth Amendment rights be violated when officers enter his home to arrest a guest pursuant to an arrest warrant?

California, United States of America


The following excerpt is from People v. Dyke, 224 Cal.App.3d 648, 274 Cal.Rptr. 66 (Cal. App. 1990):

However, a homeowner's Fourth Amendment rights are violated when officers enter his home to arrest a guest pursuant to an arrest warrant. (Steagald v. United States (1981) 451 U.S. 204, 213-214, 101 S.Ct. 1642, 1648, 68 L.Ed.2d 38.) A search warrant is required under such circumstances to protect the rights of the homeowner. (Ibid.)

Other Questions


When a police officer arrested defendant for a violation of section 21510 of the Virginia Criminal Code because he failed to produce identification upon request by the Attorney General, does the arrest violate the Fourth Amendment? (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)
Does a Fourth Amendment balancing of the legitimate governmental interests in arrest against the reasonable expectation of privacy under the Fourth Amendment reveal the unreasonableness of a defendant's arrest and search? (California, United States of America)
Does the search and detention of a man under the Fourth Amendment violate his Fourth Amendment rights? (California, United States of America)
If a tainted warrant affidavit is amended to remove tainted evidence from the warrant affidavit at issue, is the warrant sufficient to suppress evidence seized pursuant to the warrant? (California, United States of America)
Does a police officer's subjective belief that a search incident to arrest might uncover evidence of crime invalidate an arrest under the Fourth Amendment? (California, United States of America)
Does a superior court's finding that a trespassing officer had a right to enter the yard of a private member of the public who had entered the yard without permission of the police officer? (California, United States of America)
Does the admission of a tape recording of a defendant's phone conversation with a police officer and the testimony of Officer Simonds violate his Sixth Amendment rights? (California, United States of America)
What is the test for damages under Section 1983 of the Civil Rights Act when an arrest without probable cause violates the Fourth Amendment? (California, United States of America)
Can a police officer stop a vehicle and investigate without violating the driver's rights under the Fourth Amendment? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.